How Do I Transfer Real Property From Other Heirs to Myself?

Full question:

I currently live in Ohio. My Mother has a home in Florida and she recently passed away. The house was 'willed' to the surviving children, of which I am one of the children. I have reached an agreement with my other brothers (3) and sister (1) to where I am going to buy my mom's home and pay each brother/sister their equal share of the value of the home, divided by 5. The attorney handling the 'estate' has finished what he had to do, and the house is ready to be transferred to the surviving children. The house will be in everyone's name when it is transferred over to us. What is the best way to get the house transferred into my name? And does any specific recording of the transfer need to be done? I've been reading of a quitclaim deed and not sure if this is the correct process or not.

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

Answer:

The answer will depend in part on the current ownership of the property, and whether any of the siblings were already named in the deed. 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 after a petition to probate the estate is filed with the court in the county where the deceased resided. To dispose of the real property interests of the decedent, the executor or administrator executes an executor's deed or fiduciary deed. For example, if a person who is a co-owner dies. the administrator of the estate can execute a fiduciary deed transferring their interest to the remaining owners. 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, and automatically will inherit the share of a deceased joint tenant by right of survivorship, without the requirement of going through probate.

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. State law, which varies by state, controls the creation of a joint tenancy in both real and personal property. 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. All joint tenants, and their spouses, must sign deeds and contracts to transfer or sell real estate. 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.

On the other hand, if the deed provides for ownership as tenants in common, each owner will own a portion of the property, which may be unequal, but each will 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. Upon the death of a tenant in common there must be a court supervised administration of the estate of the deceased to transfer the interest in the tenancy in common.

In the case of a life tenant who holds a life estate, when the life tenant dies, their interest may pass to the remaindermen. Title may also return to the person giving or deeding the property or to his/her surviving children or descendants upon the death of the life tenant--this is called "reversion."

If the attorney handling the estate has executed a fiduciary deed to the five children as tenants in common or joint tenants, the current five owners may execute a deed from the five individuals to only one. A quit claim deed is often used among family members when there is little doubt as to the ownership or claims against the property.

There are two basic types of deeds: a warranty deed, which guarantees that the grantor owns title, and the quitclaim deed, which transfers only that interest in the real property which the grantor actually has. The only type of deed that creates "liability by reason of covenants of warranty" as to matters of record is a general warranty deed. A quit claim deed contains no warranties and the seller doesn't have liability to the buyer for other recorded claims on the property. The purchaser takes the property subject to existing taxes, assessments, liens, encumbrances, covenants, conditions, restrictions, rights of way and easements of record. However, a person who obtains a mortgage is still liable for mortgage payments after executing a quit claim deed on the property securing the mortgage. The quitclaim is often used among family members or from one joint owner to the other when there is little question about existing ownership, or just to clear the title.