How is the Poerty Interest of a Deceased Owner Transferred by a Deed?
Full Question:
My husband owned 50% of our home and the property it is on with a friend who also resided with us at property. The friend passed away in Nov. 2010. How do we go about having his name removed from the deed? Are there any forms online I can use to do this?
05/21/2011 |
Category: Real Property ยป Joint Tenants |
State: New Hampshire |
#24882
Answer:
To dispose of the real property interests of the decedent, the executor or administrator of the estate executes an executor's deed or fiduciary deed. For example, if a person who is a joint tenant dies, the executor of the estate can execute a fiduciary deed transferring their interest to the remaining joint tenants, or other person entitled to receive the interest under the will. If the property was owned as joint tenants with right of survivorship, the property passes automatically to the survivor outside the probate process. In that case, we suggest you call the local recorder’s office, as procedures for removing a deceased from the deed vary by local office. Typically, a copy of the death certificate is required.
