Compare Mortgage Quotes

Refinance Rates for Today

Please enable JavaScript for the best experience.

In the mean time, check out our refinance rates!

Company Loan Type APR Est. Pmt.

Can I transfer property if the owner is deceased?

Posted on: 08th Sep, 2009 01:51 pm
Can I transfer some property into my name if my father is deceased and I recently found a deed that shows how much land he had and that it should go to the heirs?
Hi cherispeights,

As your father is deceased now, you won't be able to transfer some of the property in your name. The property would be divided between you and your siblings as per the property deed. If there is a will, it needs to be probated first. Once the probate is complete, the property would be divided according to the will.

Thanks
Posted on: 08th Sep, 2009 07:37 pm
My other siblings are saying that they don't want the land, I do have one brother that is wanting part of it, but all I have is a deed and there is no will, so how do I find out about getting the land back into our names?
Posted on: 10th Sep, 2009 04:29 am
Hi Cheri,

As there is no will to the property, you need to file an affidavit of heirship and transfer the property in your siblings' name and your name. Then accordingly you can divide the property amongst yourselves.

Thanks
Posted on: 10th Sep, 2009 11:36 pm
I went to the courthouse and tried to file an Affidavit of Heirship and the people in the probate court told me that their is no such thing and that I would have to get a lawyer and go back to the State and County that he died in and file the paperwork there. Is that the right info or not?
Posted on: 09th Oct, 2009 07:17 am
Hi Cheri,

You'll have to file the Affidavit of heirship at the county recorder's office. So, in my opinion, you should contact the county recorder's office where the property is located. You can take help from an attorney in doing so.
Posted on: 09th Oct, 2009 10:06 pm
My mother died before we could get the deed to her house transferred into her son's names. If we wish to sell the property do we have to change the deed first or can it all be done at the time the house is sold
Posted on: 03rd May, 2010 01:14 pm
Hi TK!

Welcome to forums!

You will not be able to sell off the property unless it gets transferred in the son's name. The son will have to file an affidavit of heirship at the county recorder's office and get the property transferred in his name. Then he will be able to sell off the property.

Feel free to ask if you've further queries.

Sussane
Posted on: 03rd May, 2010 11:43 pm
Page loaded in 0.126 seconds.