My mother passed away leaving me her condo in her will but how do I get it in just 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: 04/07/2025
• State: Maryland

Answer:

When a person dies, their assets are distributed in the probate process. If a person dies with a will, an executor is named to handle the distribution of the estate. In cases where the decedent didn't own property valued at more than a certain amount, which varies by state, the estate may go through a small estate administration process, rather than the formal probate process. To dispose of the real property interests of the decedent, the executor executes an executor's deed or fiduciary deed. For example, if a person who is a co-tenant dies without a will, the executor of the estate can execute a fiduciary deed transferring their interest to the remaining tenants, or other person entitled to receive the interest under the will. If a person is a sole owner, the fiduciary deed may transfer all the interest in the property to one or more heirs entitled to inherit under the will.

The answer to your question may depend on how the property was conveyed in the will. You should carefully review the language in the will to determine the type of tenancy conveyed.

Tenants in common hold title to real or personal property so that each has an "undivided interest" in the property and all have an equal right to use the property. Tenants in common each own a portion of the property, which may be unequal, but have the right to possess the entire property. There is no "right of survivorship" if one of the tenants in common dies, and each interest may be separately sold, mortgaged or willed to another.

Joint tenancy is a form of ownership by two or more individuals together. It differs from other types of co-ownership in that the surviving joint tenant immediately becomes the owner of the whole property upon the death of the other joint tenant. Joint tenancy property passes outside of probate, however, it may be severed so that the property becomes part of one person's estate and passes to that person's heirs. Each joint tenant has an equal, undivided interest in the whole property. Each joint tenant may enter onto, take possession of the whole, occupy, and use every portion of the common property at all times and in all circumstances. All joint tenants, and their spouses, must sign deeds and contracts to transfer or sell real estate. The right of survivorship can be eliminated by ending the joint tenancy before a tenant's death through a process called "severance". Severance means that the joint tenants disrupt the unity of their interests in the property through mutual agreement or unilateral action so that they become tenants in common instead of joint tenants. A joint tenant may convey his or her interest to a third party, depending on applicable state law. This conversion would in effect terminate the joint tenancy and create a tenancy in common.

I suggest contacting the probate court in the county where the deceased resided or owned real property to see if a petition to probate the estate or a small estate case has been filed. You may also contact the recorder's office in the county where the property is located for applicable rules for transferring a deed to a survivor's name, as procedures vary by local office. Typically, a copy of a death certificate is required to make the change.