FAQs • Fayette County, PA • CivicEngage

Is it necessary to delete a deceased spouse’s name on a deed?: Please consult your attorney with this type of situation. There could be a special instance when, because of a particular legal situation, the name of the deceased spouse should be deleted. Generally, if the property was held jointly by husband and wife as tenants by entirety. If and when the widow/widower sells or mortgages the property, he or she simply explains in the new deed or mortgage that the other spouse is now deceased.

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Recorder of Deeds - Deeds

1. Can I prepare my own deed?: We suggest that you have someone with experience in the field prepare it for you to make sure it is correct. Attorneys can perform this service for you. Employees for the Recorder of Deeds Office cannot and will not prepare deeds for you.

2. How do I replace a lost or destroyed deed?: You can obtain a certified copy in our office.

3. Are deeds and other documents all returned to the rightful owner?: The original deeds are returned as instructed at the time of recording, and this will be noted on the document.

4. How do I change, add or delete a name on a deed?: This can only be done by recording a new deed showing the change. Many people think they can come to our office and change the present deed on record. However, once a document or deed is recorded, it cannot be altered or changed in any way. A new deed is needed and can be prepared for you by your attorney.

5. Is it necessary to delete a deceased spouse’s name on a deed?: Please consult your attorney with this type of situation. There could be a special instance when, because of a particular legal situation, the name of the deceased spouse should be deleted. Generally, if the property was held jointly by husband and wife as tenants by entirety. If and when the widow/widower sells or mortgages the property, he or she simply explains in the new deed or mortgage that the other spouse is now deceased.

6. Must I record a deed?: No. A deed is binding even if it is not recorded. However, for numerous reasons, it is in your best interest to record it. One good reason: the former owner can go on getting mortgages, judgments and suits on your property, since records in the Office would show that he/she still owns it.

7. If I build a house on my lot, do I get a new deed for the house?: No. The original deed usually covers any buildings erected on the lot at a later date. Check your deed for exceptions.

8. If I find a mistake in my deed, how do I correct it?: Usually, the same way you change a name - by recording a new deed. In this case, it would be known as a "Deed of Correction." Contact your title company or attorney in this type of situation.