How Do I Deed the Property of my Mother Who Died Intestate in New York?

Full question:

My brother and I filed A Petition for Summary Administration with the county court and it was approved. My mother is deceased and died intestate. The clerk said we could file a quitclaim deed to have our names placed on the deed. However, I don't see a document that fits this need. What document would we need to achieve this goal.

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

Answer:

When a person dies, their assets are distributed in the probate process. If a person dies with a valid will, an executor is named to handle the distribution of the estate. If the person dies without a valid will, the court appoints an administrator to distribute the decedent's assets according to the state's laws of intestacy. 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 or administrator executes an executor's deed or fiduciary deed. For example, if a person who is a joint tenant dies without a will, the administrator of the estate can execute a fiduciary deed transferring their interest to the remaining joint tenants, or other person entitled to receive the interest under intestacy laws of the state.

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