Full question:
How do I remove my deceased son's name off the paid off Deed against my property?
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: California
Answer:
To remove your deceased son's name from the property deed, the process depends on how the property was owned. If there are other owners, determine if they are tenants in common or joint tenants with right of survivorship.
If the property was owned as tenants in common, you may need to go through probate. In this case, a fiduciary deed may be executed by the estate's representative to transfer the property. If it was owned as joint tenants with right of survivorship, the property automatically passes to the surviving owner outside of probate.
If your son was the only owner, you won’t need anyone else's consent to transfer the deed. Contact the recorder's office in your county for specific rules on transferring a deed, as procedures can vary. Typically, you'll need to provide a copy of the death certificate to make the change.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.