Full question:
Does an heir need a deed to land described in a will?
- Category: Wills and Estates
- Subcategory: Executor Deeds
- Date:
- State: Illinois
Answer:
The need for a deed depends on how the property was owned. If it was held as joint tenants with right of survivorship, the surviving tenant automatically inherits the property outside of probate. However, if the property was owned as tenants in common, the deceased's share will be distributed according to the will and must go through probate.
Once the probate court approves the distribution of the estate, a fiduciary deed is used to transfer the property from the executor to the heir. For properties that passed through right of survivorship, contact the county recorder's office where the property is located to learn how to remove the deceased's name from the deed, typically requiring a copy of the death certificate.
If the property passes to someone not named in the will, the executor can use a fiduciary deed to transfer the property. In probate, an executor is responsible for distributing the deceased's assets if there is a will, while an administrator is appointed to do so if there is no will. If the estate's value is below a certain threshold, which varies by state, it may qualify for a small estate administration process instead of formal probate. To transfer real property interests, the executor or administrator executes an executor's deed or fiduciary deed.
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.