If my mother passed away with no Will, how do we transfer the deed of property to the surviving children without probate?

UPDATED: Oct 27, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 27, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my mother passed away with no Will, how do we transfer the deed of property to the surviving children without probate?

Mother passed away more then 2 years ago. She had no debt at time of death. Property was owned free and clear and only her name appears on deed. Can I transfer property deed to surviving childrens’ names without going through probate? She had no surviving spouse at time of death and no other assets.

Asked on October 27, 2011 under Estate Planning, New Mexico


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Whether or not there has to be an intestacy proceeding (administration of a person's estate who has no Will) concerning the situation you are writing about depends upon how title to the real property you are writing about was held by the mother at her passing.

If title was held with others as joint tenants with the right of survivorship, there needs to be no administration proceeding. There just needs to be an affidavit of the surviving joint tenant with a certified copy of the mother's death certificate recorded with the county recorder's office.

I suggest that you consult with a Wills and trust attorney about the wording of how title is held to the real property you write about and how to transfer title to it to your mother's heirs.

Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption