What should I do about an unfiled quitclaim deed from my father?

Full question:

My father passed in 2010, and he did a quitclam deed and gave to me it is signed witness and notized what I need to. know is. Being that it not filed do it still mean.anything or would I have rights to sale the house to pay. Back the reverse. Mortgage be fore the house goes in to foreclosure.there is no. Will and I don't. Want no trouble so I need some legal advice. Please

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

Answer:

If the quitclaim deed was not recorded and the property was still part of your father's estate at the time of his death, you may need to go through probate to sell the property. When someone dies, their assets are typically distributed through the probate process. If there is no will, the court appoints an administrator to manage the estate according to state intestacy laws.

In New York, if your father's estate is valued at thirty thousand dollars or less, you can file a petition to become a voluntary administrator without formal court administration. If the estate is worth more, it will require regular probate procedures. The process includes filing a petition for letters of administration, which grants you the authority to handle the estate's affairs.

For smaller estates, a less formal process may be available, allowing heirs to obtain property without extensive court involvement. However, real estate interests typically require formal probate. You will need to file an inventory and appraisal with the court and provide notice to creditors before distributing the estate's assets.

Consulting with a legal professional is advisable to navigate this process and ensure compliance with the law.