Posted on: 20th Feb, 2008 06:19 am
my father and mother are both deceased. i am currently living in the home they shared. the property is in my father's name. he had no will or living trust. the county treasurer's office told me i need to file a quit claim deed. how do i go about this when the grantor is deceased?
hi heather, i suggest you contact a local title company speak to a title officer and inform them of the situation any how to go about transferring title to your name. i feel though you may need to go to court and file the proper motions to begin the process. normally when title is held under to persons and one is deceased you simply provide a death certificate to be recorded with quit claim. however, in your case they're both deceased so its quite unique. i do suggest gathering at least 12 months cancelled checks to show proof of vested interest in the property when it comes time to refinance to obtain the new loan under your name. hope this help!
Thank you for your input. The house has no mortgage as it has been paid off for quite some time.I am contacting the courts now. Thanks again for your help.
You will need to contact a local probate attorney to go to court and get the title corrected. Typically, one can file an "affidavit of heirship" with the court to get the title corrected.
Hi ronc,
Welcome to the forums.
I agree with you that heather needs to conatct the title company. But how is a quitclaim possible here. There's no grantor to sign on the deed. Both the parents are deceased. Is any grantee allowed to sign on behalf of the grantor by showing a death certificate of the parents who owned the home? An affidavit of heirship seems to be a better option here.
Take Care
Welcome to the forums.
I agree with you that heather needs to conatct the title company. But how is a quitclaim possible here. There's no grantor to sign on the deed. Both the parents are deceased. Is any grantee allowed to sign on behalf of the grantor by showing a death certificate of the parents who owned the home? An affidavit of heirship seems to be a better option here.
Take Care