Inherited House. How to Transfer Deed to My Name?

Hi toby,

You will have to contact an attorney and get the will probated. Once the probate is complete, you will have to record the will at the county recorder's office. Your attorney will also help you in this matter.

Thanks

I have already probated the will. This is how I got the letter of testamentary.

Also, I didnt need a lawyer to probate the will. I did it all myself. I didnt have to go to the recorders office either. I live in Washington state.

Hi toby!

Welcome to forums!

As the will has been probated already, then you need to record it at the county recorder's office and get the property transferred in your name.

Feel free to ask if you've further queries.

Sussane

What form do I use? Don't I have to fill out a quit claim deed or an executor's deed since I'm the executor? Or do I just take a copy of the will to the recorder's office and they will transfer the deed to my name without any deed form?

I am in a similar situation. I had a lawyer probate my mother's will last year and I was named the Executor. She left me her house (paid for) but my lawyer didn't say anything about tranferrinug the property with a deed. I got the impression that the will established my ownership of the property. Since then I have heard that I should obtain an Executor's Deed and simply list myself as Executor granting the property to myself as the beneficiary. I'm not a lawyer but this really strikes me as odd but if its required to establish ownership then I will do it. Can anyone confirm that this is what I (and Toby) should do?

Yes, I read somewhere that transferring a deed to yourself would be considered self-dealing (which is frowned upon) and could make the deed invalid. I am unsure of doing it this way also.

As for a quit claim deed, the grantor is required to sign the document. Since the grantor is deceased they can't sign it. Since I'm the executor acting on my father's behalf I guess I could sign the grantor's part as the executor, but I would still be transferring it to myself which could be considered self-dealing.

Any help in this matter would be appreciated.

I went down to the county courthouse library and found and copied a simple form called a Distribution Deed. The deed is clearly written for an Estate Executor to distribute real property (the house) to the heirs as directed in the will. On the way home I stopped by my lawyer's office (he was actually in) and asked him what he thought of me using the form to deed the property to myself. He said that it was not necessary but that "some people did it" and that in Texas it is not illegal.

It seems that as the executor of the will my primary responsibiltiy is to execute my mother's written wishes. Since the will clearly states that I am to receive the house, the fact that as the executor I am distributing it to myself is not a negative issue since this is clearly what she "willed" me to do. It seems that not deeding the property to myself would violate her clear intentions and not the other way around.

I also found out that in Texas I do not have to record the deed with the county If I choose not to. It does not invalidate the conveyance.

Is there any taxes that need to be paid when doing the transfer of ownership??

Hi Abe,

As far as I know, you will be liable for paying fees for transfer of ownership. You should have a word with a local real estate attorney in this regard.

I am the executive of the estate for my mom. I can not afford her monthly mortgage and don't want to lose the home which only has a balance of $68000.00 and I am living in. Can I do a loan modification based on my income without my name being on the deed? Or do I need my name on the deed first?

Hi Guest,

If you are not the mortgage borrower, then you won't be able to apply for a loan modification. Moreover, in that case, your mother won't be able to get a loan modification based on your income. You will have to have your name on the deed as well as on the mortgage documents.

Thanks,

Jerry