How do you change the name on a deed from a deceased parent if there is no will but your name is on deed?

Answer 1

The estate must be probated and the probate process will vest title in the heirs-at-law. Once the estate has been probated the heirs can execute a deed to themselves.

If the heirs wish to change the title prior to the completion of the probate procedure, or the administer can execute the deed, citing the probate, if they obtain a license to sell the real estate from the court (laws vary in different jurisdictions).However, waiting until the probate is completed and the title has vested in the heirs is easier and less costly.

You should consult with an attorney who specializes in probate in your area.

Answer 2

If your name is on the deed as a "joint tenant" grantee, then the surviving joint tenant(s) automatically become the owners and no probate is involved. This is a common method for bypassing the cost and complexity of probate.

If your name is on the deed as a "tenant in common" grantee with the deceased, then their partial ownership must be probated to determine who will receive ownership of it (i.e., according to the state laws of intestate succession). The estate administrator would issue a new deed naming the heirs as tenant(s) in common with other existing tenants in common.

Answer 3

First, with or without a will the estate must be probated for legal title to pass to the heirs. Once the estate has been probated a deed is not necessary to establish title. However, if the heirs desire to establish their ownership by deed and also establish a particular tenancy they can execute a deed to a straw and then have the straw convey the property back with the desired tenancy recited. In some states a straw is not necessary. You should seek advice from the attorney who handles the estate. She/he will be able to advise you regarding the local legal requirments.