When an owner of a certain property dies, removing his name from the deed can be a complex and confusing process. But it is vital to keep clear property title. What you have to do is to transfer title to a new legal owner. This procedure depends on: the property’s value, hoe it is titled, who the inheritor is, and whether the deceased had a will or not. You may be able to avoid hiring an attorney by these simple steps.
Estate administration how to remove the name of a deceased person from a deed
1. Estate Administration: How to Remove the Name of a Deceased
Person from a Deed
When an owner of a certain property dies, removing his name from the deed can
be a complex and confusing process. But it is vital to keep clear property title.
What you have to do is to transfer title to a new legal owner. This procedure
depends on: the property’s value, hoe it is titled, who the inheritor is, and
whether the deceased had a will or not.You may be able to avoid hiring an
attorney by these simple steps.
1. Get a copy of the deed and find out
how the property is titled. If the deceased
doesn’t have a copy of the deed, you can
get one from recorder’s office for a
minimal fee.
2. Know who the new legal owner of
the property should be. If the deceased
left a Last Will and Testament and had
named one or more beneficiaries of the
asset, the beneficiary is considered the
new legal owner. If the deceased did not
leave a Will, you can check your state’s intestate inheritance statute to find
out to whom the asset passes.
3. Calculate the net value of the deceased’s entire estate.This would
determine whether the name of the decedent could be removed from the
title through a small estate affidavit, or if the estate should undergo
probate court, and the property titled through an Executor of Will or
Personal Representative.
4. Check your state’s small estate statute to find out the limit for transferring
property through a small estate affidavit.If the net value of the deceased’s
2. estate is less than the limit set by the statute, the new owner/s could
transfer the asset by performing a small estate affidavit and recording it
with the county recorder. Check with your local clerk for instructions and
forms for completing and recording affidavit. Property appraisal may be
necessary as part of the small estate administration,and you will have to
submit a legal copy of the death certificate along the affidavit.
5. Find out if the deceased’s estate will be probated. You may seek an
attorney’s advice about probate and your situation. The process for
removing the deceased’s name from a deed will depend whether the estate
has undergone probate or not.
If you need professional help in estate administration in Perth, visit the website of
Estate Administration Services and make the process less stressful,
EstateAdmin.com.au. You may also visit this link for more information:
http://www.estateadmin.com.au/executor-of-wills-perth-wa/.