If my father signed a grant deed for a property but died before it was recorded, can it still be recorded?

UPDATED: Jan 21, 2014

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If my father signed a grant deed for a property but died before it was recorded, can it still be recorded?

Or did it need to be recorded before his passing?

Asked on January 21, 2014 under Estate Planning, Illinois


Brook Miscoski / Hurr Law Office PC

Answered 9 years ago | Contributor

I am licensed in Illinois and Texas, but live and practice in Texas. A local probate attorney may have more local experience on this matter. What I can tell you is that generally speaking the failure to record a deed might subject the property to claims against the estate. This is because a deed doesn't take effect against creditors until it has been recorded.

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