Will a warranty deed or quit claim deed be enough to avoid probate?
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Will a warranty deed or quit claim deed be enough to avoid probate?
My grandmother had a lawyer prepare an affidavit of survivorship, a warranty deed, and an affidavit of receipt to me in 15 years ago. Then 5 years later she filed a quitclaim naming herself and I. We have lived in the same house for 15 years. She now wants to transfer the house completely to me. What is necessary to this without complications?
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Asked on March 30, 2018 under Estate Planning, Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Either the warranty deed or the quit claim will suffice as long as they are done now, while she is still alive (i.e. filed before she passes away). Since a quitclaim would be sufficient for her to transfer her interest in or share of the house to you and does not involve her making any promises or guarantees about title (all she does is transfer *whatever* she has; she does not need to otherwise do a title search, verify that there are no liens, etc.) that is most likely the easiest thing for her to do.
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