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Generally, upon death, the decedent's title to real property passes immediately to the beneficiaries under the will or to the heirs at law if the decedent died intestate. The quitclaim deed is binding. However, the estate is subject to probate in case there are debts that must be paid. The decedent's debts must be paid before any property can be distributed. Also, an estate that passes real property must be probated in order to vest legal title in the heirs.

The widow conveyed her interest in the real property by executing a deed after the death of her husband. However, in order to perfect title in the grantee the estate must be probated. An attorney may advise that the widow should execute a confirmatory deed to clear the title once the estate has been probated. You need to consult with the attorney who is handling the estate or with an attorney in your area who specializes in probate.

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15y ago

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