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 type of deed you need depends on how the property was owned. If the father and mother were tenants in common, the property may need to go through probate to transfer ownership. In this case, a fiduciary deed is often used by the estate representative to transfer property as part of the probate process.
If they were joint tenants with right of survivorship, the property automatically passes to the surviving spouse without needing probate. In this situation, the mother can remove the father from the deed and add the daughter's name without needing consent from others.
To proceed, contact the recorder's office in the county where the property is located to learn the specific rules for transferring the deed. Procedures can vary by location, and you will typically 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.