If there is a Will is it necessary to record it with the court of records after death in order to transfer joint property?
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If there is a Will is it necessary to record it with the court of records after death in order to transfer joint property?
My husband died over 2 years ago and now I want to set up a trust. I need the property deed in my name only. It appears I need proof that probate is closed.
Asked on November 15, 2011 under Estate Planning, Oregon
Answers:
Steven Fromm / Steven J Fromm & Associates, P.C.
Answered 12 years ago | Contributor
If the property was held jointly, then it is not part of the probate estate. It can be transferred via a deed that must be properly prepared and recorded with the recorder of deeds. Once recorded it is then in your name alone. At that point a pourover will and trust can be drafted to effectuate the transfer of the real estate at your death. If you want to transfer it to the trust while alive it can be done. You really need to retain an estate planning attorney to assist you.
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