What is needed to transfer a deceased father's deed without a will?

Full question:

Father passed away 22 yrs ago, NO WILL4 living children, 3 deceased.1 living in home , paying all maintenance,taxes,insurance.What's needed to transfer deed ?

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

Answer:

To transfer the deed of property owned by a deceased father without a will, several factors must be considered. If the property was solely owned by the deceased or held as tenants in common, you may need to go through the probate process. In this case, an estate representative would execute a fiduciary deed to transfer the property.

If the property was owned as joint tenants with the right of survivorship, it automatically passes to the surviving owner outside of probate. If there are no other owners, you do not need their consent to transfer the deed.

To initiate the transfer, contact the recorder's office in the county where the property is located for specific rules and procedures, as these can vary. Typically, you will need to provide a copy of the death certificate.

When a person dies without a will, their assets are distributed according to state intestacy laws. The court appoints an administrator to manage the estate, issuing letters of administration that grant authority to handle the deceased's affairs. In some cases, an heirship affidavit can be used for small estates, which may allow for a simpler transfer process.

For small estates, which in Virginia are valued under $50,000, an affidavit may suffice to distribute assets without formal probate. If the estate exceeds this amount, formal probate may be necessary to obtain letters testamentary for the executor or administrator.