Change name on DEED to house- due to death/Duval County

Also, do we need to sign/ file 2 quit claim deeds (or other appropriate paperwork) to take my mother's name off of the deed? Or does the death certificate suffice?

Hi

Your mother hasn't left any will which is why you need to file an affidavit of heirship, along with her death certificate, with the probate court to change the deed in you and your step father's name. A quitclaim deed won't suffice. The reason I say this is, the deed has to be signed by the grantor who will transfer his/her property-interest to the grantees (you and your step father, in this case), and this is absolutely impossible as your mother is no longer with you. Thus, affidavit of heirship is the only way to make changes to the deed.

This is correct, a quick claim deed is not the way to go in this case.
If your mother did not leave a will you need to check your state for real estate laws concerning deaths.

In a community property state, You stepfather, autmatically owns 50% of the title and your mother owns 50%. Now when she died, 50% of her interest went to her spouse and the remaining 50% went to her children.

If you have other siblings, there is no way of getting around this. They must deed their interest of property to you and your stepfather. That means, they home the home too!

Unless, it is homestead property then there is a whole new ball-game for that. So, you need to #1 call a title company to see what they can tell you from your situation and speak with the plant manager or an abstractor or escrow officer. They should know the laws concerning what needs to be done and who owns what.

That is if she didn't leave a will. If she let will then it needs to be probated. There is a statue of limitations on wills so get it down ASAP. Take it to your county clerk office- and get instruction on what needs to be done.
Many times they will help you if you ask,so will the title company.

Good luck!
Hope this helps.

TaWana

[External link removed as per forum rules. Thanks.]

my mother resides in a home in detroit, mi that she purchased with my dad; he passed a year ago..we filed the death with the wayne county register of deeds...she has no will....she took out a second mortgage with my dad before his death and owes approx. $35,000.00. how do we change the deed to her name and her four surviving children? should we be concerned that the property tax statement still comes in her name and my father's name? we sent a copy of the death certificate to her mortgage company so they are aware of my dad's death

Hi Margaret,

This query has been discussed on the following page:
http://www.mortgagefit.com/propertytransfer/probate-deed.html

In case, you have more queries, just feel free to post.

My mother passed away and left the house to her four children. One sibling lives in the house and we want to put the mortgage in her name. Will the probated will be honored if she marries or moves out? Do we need to deed the house?

To PamK,

Has the property been probated? Are all of the siblings listed on the title? If you are on the property title, you have ownership rights to the house. Thus, even if your sister, whose name will be on the mortgage, decides to move out or marries, it will not affect your ownership rights. However, the problem is lenders might not want to put the mortgage solely in your sister's name as long as the rest of the three siblings are on the property deed.

My uncle and i (nephew) are in a deed to a property and my uncle pass away
but he was married and with one child. Can the property go into probate?

Forgot to say that we live in california

Hi Martha,

If your uncle has not left a will, then his child can file an affidavit of heirship and get your uncle's share transferred in his or her name.

my father passed away and my mother wants to add myself and my sister on the deed to her home. i am wondering how much this is goint to cost to change the deed city of jacksonville, duval county, state of florida

Hi marisa!

Welcome to forums!

The cost will vary from one county to another. You will have to contact the county recorder's office and they will be able to help you in knowing the costs.

Feel free to ask if you've further queries.

Sussane

I purchased a property with my father 12 years ago he passed away 5 years ago in our warranty deed it cleartly states me as a single women and my father as a married man. I am the main title holder of the property. When he paased away he did not leave a will he had no other propertys, values or children I am a single child. I am trying to sell this property and I have been told numerous things of what I should do , one realtor told me to go into probate an other realtor told me there was no need for that because my father left no will and since I am a only child there would be no problem , plus I live with my mother who does not disagree with anything I am doing he said since we both agree there is no need for court all he would need is my fathers deaf certificate. Im not sure what to do please help me

Hi Lety,

As there is no will, it will be better if you could file an affidavit of heirship at the county recorder's office and get the property transferred in your name. Then it will be easier for you to sell off the property.

Thanks