To Remove or Not To Remove a Predeceased Spouse's Name From a Deed

When a spouse passes away, the surviving spouse faces a multitude of decisions and tasks. One question that frequently arises is whether to remove a deceased spouse's name from a property deed. In Pennsylvania, generally speaking, you do not need to remove a predeceased spouse from a deed unless you want to or unless there are specific reasons to do so. This approach (doing nothing with the deed) can save time, effort, and potential expenses for many widowed individuals.

Circumstances where leaving the predeceased spouse’s name on the deed may be okay:

1. If the property was held as Joint Tenants With Rights of Survivorship, the deceased spouse's interest automatically transfers to the surviving spouse upon death. The deed doesn't need to be changed for this transfer to be legally effective.
2. If the property was held as Tenants By The Entireties, which is a form of ownership unique to married couples, when one spouse dies, full ownership automatically passes to the surviving spouse, even if the predeceased spouse’s name is still on the deed.

While it is not always required, there are situations in which removing a deceased spouse's name from a deed might be beneficial, even if the deed is owned as Joint Tenants With Rights of Survivorship or as Tenants By The Entireties:

1. If you plan to refinance the property, having only your name on the deed can simplify the process. You can have a new deed prepared to remove the predeceased spouse either as part of the refinance transaction, or at an earlier time.
2. Sometimes it makes sense to update your deed as part of your estate plan.
3. Some individuals want to update their deed for their own personal or emotional reasons.
4. Sometimes people want to make sure that the courthouse records regarding their real estate are crystal clear, so they want to update the deed after their spouse passes.

In Pennsylvania, the decision to remove a predeceased spouse's name from a property deed is often a matter of choice rather than necessity. While it is not typically required, there may be personal or practical reasons to update the deed. As with any legal matter, it is wise to consult with a qualified attorney to understand the best course of action for your specific situation. If you would like a consultation on this or any legal matter, do not hesitate to contact Scaringi Law at 717-657-7770.