What steps do I need to take to transfer my mother's condo to my name?

Full question:

My mother passed away this past December. She owned a condominium which was left to me, her daugher, in her will and by survivorship on the deed. What do I need to do, if anything, to get the condo put into my name?

  • Category: Wills and Estates
  • Subcategory: Executors and Administrators
  • Date:
  • State: Maryland

Answer:

When a person dies, their assets usually go through probate. If your mother had a will, an executor is appointed to manage the estate's distribution. If the estate's total value is below a certain threshold, it might qualify for a simplified probate process.

Since you mentioned that the condominium was left to you by survivorship on the deed, it likely passes directly to you without going through probate. In this case, you may need to take a few steps to officially transfer the property into your name:

  • Contact the probate court in the county where your mother lived or owned property to check if a probate petition has been filed.
  • Obtain a copy of the death certificate, as it is typically required for the transfer.
  • Visit the recorder's office in the county where the property is located to learn about the specific procedures for transferring the deed into your name.

Review the language in the will carefully to confirm the type of ownership conveyed. If the property was held in joint tenancy, you should automatically become the sole owner upon her death.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

No, a will generally does not override a survivorship deed. If a property is held in joint tenancy with a right of survivorship, it transfers directly to the surviving owner upon the death of the other owner, regardless of what the will states. This means that the property will not be part of the probate process and will not be distributed according to the will.