What happens when a husband does not have his wife on the deed and he dies?

A husband who is the sole owner of real estate should make a will leaving the property to his surviving spouse. However, many do not and some people attempt to disinherit their spouse by leaving their property to others.

In most US states a spouse cannot be disinherited. The doctrine of election would provide the spouse with a share of the estate. The surviving spouse who has been left out of the will need only file a claim against the estate and most state laws will provide an intestate share to that spouse.

If there is no will, the property will pass to the heirs-at-law under the state laws of intestacy. You can check the laws in your state at the related question link provided below.