How do I take my deceased spouse off the deed of my house and put my new spouse on the deed?

His estate needs to be probated. Once it is, a deed transferring the home just to you will be recorded by the Clerk. Then you can do a deed from you to you and your new spouse.

It depends on how the title to the property was held. If you and your deceased spouse held the property together as husband and wife 'by the entireties' or as 'joint tenants with rights of survivorship' then the ownership interest in the property probably passed to you upon death of your spouse. To add your new spouse to the deed the minimum you'll have to do is a quit claim deed from yourself to your new spouse and yourself. Please Note - I am not saying 'record a quit claim deed and you're done' - the above are very dependent on the current status of the property's title. While you don't necessarily need an attorney to prepare and record a quit claim deed, I strongly recommend consulting with a North Carolina licensed real estate attorney in the Winston-Salem area to review the title and prepare the quit claim deed. When they review the title they will be able to tell you whether you will need to take additional steps regarding your deceased spouse's estate as well as letting you know if there are any liens that would affect your transfer to your new spouse and how to address those.

Your deceased spouse's interest in the property passed at the moment he died. As already noted, you must first determine how the property was titled. In any event, you now (if not before his death) have an interest in the property, unless a probated will says otherwise. So to put your new spouse's name on title to the property is to sign and have notarized a proper "deed" and then record the original copy with the register of deeds of the county where the property sits. Please contact me by private message for brief additional help at no cost. It is very important to use a proper deed template and include certain information that a non-lawyer would not know to include or locate.

First, a major assumption in the facts would be that the couple took title by tenancy by the entirety or as joint tenants with right of survivorship when they acquired the real property. If so, title of the decedent spouse automatically passed to the survivor upon the death of that decedent spouse. Therefore, the surviving spouse could then convey the real property to himself or herself and the new spouse by quit claim deed.