What steps should I take to remove my deceased uncle from the property deed?

Full question:

My uncle who is the co-owner of my property located in VA as a 'tenant in common' on the deed had passed away recently. He was a naturalized US citizen lived in CA. His wife and 4 children (above 18 yrs old) are the non-US residents and are willing to remove his name from the deed without any terms and conditions. He did not have a Will. His name was only on the Deed and I'm the sole borrower of the mortgage who takes care of each and every payment related to the property. What is the step by step procedure to complete this process?Please advise!

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

Answer:

To remove your uncle's name from the property deed, the beneficiaries must initiate an ancillary administration in Virginia. This involves the following steps:

1. The beneficiaries (his wife and four children) should request the court to appoint a personal representative for your uncle's estate since he died without a will.
2. They will need to file a disclaimer of interest, which states that they do not wish to inherit your uncle's share of the property. This disclaimer must be in writing, signed, and delivered to the appropriate parties.
3. Once the disclaimer is filed, the estate administrator can execute a deed transferring your uncle's interest in the property to you.
4. All documents, including the disclaimer and the new deed, should be recorded at the county recorder’s office where the property is located. It's advisable to contact the county recorder’s office for specific requirements and fees.

Since your uncle's estate is intestate, the distribution of his property will follow Virginia's intestacy laws. Generally, the surviving spouse and children will inherit the property according to these laws. For more details, refer to Virginia statutes regarding disclaimers and intestate succession (e.g., VA Code § 64.1-196.4, § 64.1-135).