Does an Heir Need a Deed to Inherit Property?
Full Question:
Answer:
The answer will depend on how the property was deeded.. For example, if the property was held as joint tenants with right of survivorship, then the other tenant would have inherited her/his share outside of probate as the surviving joint tenant. If they were named as tenants in common, then the other share would be subject to the terms of her will and final disposition through probate. After property distribution is approved in probate, a fiduciary deed is used to transfer the interest from the executor to the heir. If the property passed through right of survivorship, the county recorder's office in the county where the property is located would need to be contacted for local procedures on removing the deceased's name from the deed. Typically, a copy of the death certificate is required. If it passes to someone not named on the will, a fiduciary deed may be used by the executor to transfer the property.
When a person dies, their assets are distributed in the probate process. If a person dies with a will, an executor is named to handle the distribution of the estate. If the person dies without a will, the court appoints an administrator to distribute the decedent's assets according to the state's laws of intestacy. In cases where the decedent didn't own property valued at more than a certain amount, which varies by state, the estate may go through a small estate administration process, rather than the formal probate process. To dispose of the real property interests of the decedent, the executor or administrator executes an executor's deed or fiduciary deed.
