How do I take a deceased person’s name off of the title to a house?

UPDATED: Nov 21, 2011

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How do I take a deceased person’s name off of the title to a house?

I bought a home for my mother 25 years ago. We are both on the title. My mom died 2 years ago. I would now like to put my dad on the title and removemy mom. I have drafted a quick claim deed stating that 50% of the property is given to dad. Can I use such a deed to put him on the title and then just file mom’s death certificate with the clerk’s office to remove her from the title?

Asked on November 21, 2011 under Real Estate Law, Michigan


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I would hold off recording any document concerning the home that you hold title to with your deceased mother at this point. You need to carefully read the deed to the property that is in your and your mother's names. If the deed is a joint tenancy deed with rights of survivorship, then since you survived her, you own the home by operation of law.

If that is the case, you need to get a certified copy of your mother's deat certificate and sign an affidavit of surviving joint tenant before a notary public with the death certificate attached stating that you are the survivor of the two. The affidavit is recorded on the property transferring title all to you. What you decide to do with it is up to you.

If the property is not in joint tenancy, you will probably have to consult with a real estate attorney who practices Wills and trusts as to whether a probate, trust administration, or an intestacy proceeding is needed to transfer title to the property out of your mother's name.

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