What to do if one co-owner on a deed is deceased?

Full question:

What form do I need when there is two people on the deed but one of them is deceased?

• Category: Wills and Estates
• Subcategory: Probate
• Date: 04/07/2025
• State: Arkansas

Answer:

The process depends on how the property is owned as indicated in the deed. If the property is owned as joint tenants with right of survivorship, the deceased owner's share automatically passes to the surviving owner without going through probate. To transfer the deed to the survivor, you typically need a copy of the death certificate and may need to pay a fee. It's best to contact the local recording office where the property is located to confirm specific requirements.

If the property is valued at more than $100,000, it cannot qualify for small estate administration, and a probate petition must be filed. If the deceased left a will, the executor can transfer the property interest using a fiduciary deed during the probate process.

For property owned as tenants in common, the deceased's share does not automatically go to the surviving owner. Instead, the estate must go through probate to transfer the deceased's interest. In this case, the executor or administrator will execute a fiduciary deed to transfer the interest to the remaining owners.

In situations involving life estates, when the life tenant dies, their interest may pass to the remaindermen or revert to the grantor or their descendants, depending on the terms of the deed.