What is needed to have my deceased mother removed from the deed?

Full question:

My mother passed away in December 2006. She and I held property together as joint tenants with right of survivorship. I know I need to prepare an affidavit to have the title changed. Do I need a deed of some sort; perhaps a quit claim deed, or doesn't that apply when someone dies?

• Category: Wills and Estates
• Date: 04/07/2025
• State: Wyoming

Answer:

Probate the process of proving a will is valid and thereafter administering the estate of a dead person according to the terms of the will. It is a judicial act or determination of a court having competent jurisdiction establishing the validity of a will. First the will is filed with the clerk of the appropriate court in the county where the deceased person lived, along with a petition to have the court approve the will and appoint the executor named in the will (or if none is available, an administrator) with a declaration of a person who had signed the will as a witness. If the court determines the will is valid, the court then "admits" the will to probate.

Joint tenancy is a form of ownership by two or more individuals together. It differs from other types of co-ownership in that the surviving joint tenant immediately becomes the owner of the whole property upon the death of the other joint tenant. This is called a "right of survivorship." Upon the death of one joint tenant, the other joint tenant becomes sole owner of the property. Title pass “outside” of probate.

If your mother had a will that was probated or an estate that was opened in the county where the property is located, this would constitute a record of her death and no action on your part would be necessary. Even if your mother did not have a will that was probated or an estate that was opened in the county where the property is located, as long as you have a certification of her death by the state (i.e., a death certificate), we see no need to file anything at this time.