Full question:
Parents own home free and clear. Father passed away last month and mother wants to remove father from deed and add daughter's name to deed. Need to know which type of deed form I need to purchase and have recorded at court house.
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: Maryland
Answer:
The answer will depend if there are others named on the deed, and if so, whether they are tenants in common or joint tenants with right of survivorship. If it was owned as tenants in common, it made need to go through the probate process. A fiduciary deed is sometimes executed by the representative of the estate to transfer real property of a decedent as part of the probate process.
When property is held as joint tenants with right of survivorship, the property passes to the survivor outside the probate process. If there were no other owners, their consent to the transfer isn't needed. You may contact the recorder's office in the county where the property is located for applicable rules for transferring a deed to a survivor's name, as procedures vary by local office. Typically, a copy of a death certificate is required 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.
