When someone dies and leaves a home, how do the heirs get their name on the property?
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When someone dies and leaves a home, how do the heirs get their name on the property?
My father had 2 children.
Asked on July 15, 2011 under Estate Planning, Maryland
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your loss. I am assuming that your Father was the only party on the deed, correct? If he was the only arty on the deed and there is no one with "rights of survivorship" like in a marriage situation, then the property has to go through probate through the probate courts. Once the probate is completed the property will be deeded over to the heirs that are to inherit it - the two children it appears here - through what is known as an Executor's deed. So you have to go and begin a probate for your Father by filing a Petition to appoint a Personal Representative (known generally as an Administrator if someone dies without a Will). There are tax issues that will need to be dealt with as well so you may want to get some legal help. Good luck.
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