How do the three children transfer the deed to the property into all three names? 42 Answers as of November 01, 2012

Neither parents left a will when they passed away. They owned a home with no mortgage.

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LAW OFFICE OF ROBERT I LONG
LAW OFFICE OF ROBERT I LONG | Robert I. Long
In CA, probate is generally required if the value is over $150,000.00. If it is less, there is a special Probate petition available to cause title to be transferred to the 3 of you, if that is what you truly want. It is an inexpensive and speedy process, but you would probably have to pay an attorney about $500-750 to prepare and process it, and there is a court filing fee. Understand, no ne of you would end up with a marketable interest to sell except to the other 2, unless all 3 agreed to sell , you would be in a lifelong partnership to own and manage the property, and as you passed on yourselves there would be the potential of a forced sale ("partition and sale") by the grandchildren so that they could receive their inheritance .
Answer Applies to: California
Replied: 10/31/2012
Victor Varga | Victor Varga
You need to open an estate for probate, and then transfer the property via intestate succession.
Answer Applies to: Maryland
Replied: 11/1/2012
Blough Law Office | Janis L. Blough
Consult an experienced probate attorney. Even if there is no will, an estate can be probated and the personal representative (administrator usually one of the heirs) can deed the property to all three heirs or sell it and divide the proceeds.
Answer Applies to: Michigan
Replied: 10/31/2012
Asset Protection and Elder Law Center
Asset Protection and Elder Law Center | Shadi Alai-Shaffer
The property first needs to go through probate court if the property is over $50,000. You need to contact an attorney to assist you with this process. This is why people in California need a Trust when they have real property, so that the property can pass without court processing.
Answer Applies to: California
Replied: 10/29/2012
Law Offices of Gerald A. Bagazinski
Law Offices of Gerald A. Bagazinski | Gerald A. Bagazinski
I would recommend a deed with the three parties listed as tenants in common. If you have any questions, please contact me.
Answer Applies to: Michigan
Replied: 10/29/2012
    Law Offices of Terrell Monks
    Law Offices of Terrell Monks | Terrell Monks
    That will require a probate case. Both parents estates may be probated together to save a little money.
    Answer Applies to: Oklahoma
    Replied: 10/28/2012
    Whiteford, Taylor, & Preston | Edwin Fee
    You should open an estate for the parent who died later, and the personal representative of the estate may execute a deed transferring the property among the three children.
    Answer Applies to: Maryland
    Replied: 10/27/2012
    Richard M. Gee, a PC
    Richard M. Gee, a PC | Richard M. Gee
    Open a probate proceeding in court, appoint an administrator and, after expenses and debts of the estate are paid, the court will issue a decree naming the beneficiaries of the estate (presumably the children) the owners of the remaining estate property in equal shares. Make sure you hire a lawyer in your geographic area to do this.
    Answer Applies to: Colorado
    Replied: 10/26/2012
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    The estate will need to go through probate, unless the total value of all of the assets, not just the home, are $100,000 or less. In Nevada that type of proceeding for a small estate is called a set aside. You still must file with the Probate Court but you do not go through a probate administration.
    Answer Applies to: Nevada
    Replied: 10/26/2012
    Law Office of Edward M. Burgh, APC | Edward M. Burgh
    Is there a will or trust that transfers the property, if it is a death situation? If it is not a death situation, you will need a quitclaim deed transferring the property. It depends on whether a death occurred.
    Answer Applies to: California
    Replied: 10/26/2012
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    Upon the death of the second parent, if there wasn't a will or living trust, a probate will need to be initiated. At the conclusion of probate proceedings, the order for final distribution will request that the property be distributed to the three children. Additional documents will need to be submitted to the County Recorder's office.
    Answer Applies to: California
    Replied: 10/26/2012
    Bullivant Houser Bailey PC
    Bullivant Houser Bailey PC | Darin Christensen
    You need to do a probate or, if the value is small enough, a small estate affidavit.
    Answer Applies to: Oregon
    Replied: 10/26/2012
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Open the administration of the second of the parents to die. Do yourselves a favor, have the estate sell the house. Joint ownership of real property is a classic way to tear a family apart. One of your siblings could buy the other two out, or just sell it on the open market (I know, the market is down; take the cash, and guess what? You're buying into a down market, too, with interest rates at historic lows).
    Answer Applies to: Oregon
    Replied: 10/26/2012
    SmartWills
    SmartWills | Scott Pesetsky
    If the property is not in a trust, and no one else's name is on the deed, a court order from a judge is required. The usual process is a petition to open probate.
    Answer Applies to: California
    Replied: 10/26/2012
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    The children hire a lawyer and file a petition for probate.
    Answer Applies to: California
    Replied: 10/26/2012
    Law Offices of Frances Headley | Frances Headley
    With no estate plan, you must probate the property to transfer it to the children. You should consult a probate attorney about the process.
    Answer Applies to: California
    Replied: 10/26/2012
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    There is a short procedure and a long procedure in probate matters concerning real property transfer from deceased's estate to current living inheritors, depending upon the value of the property, among other rules governing transfers of real property. I strongly encourage you to obtain the services of a probate lawyer to accomplish this for you, as my experience has shown to me over the years how hard it is for the lay person to accomplish this type of matter in court.
    Answer Applies to: California
    Replied: 10/26/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Generally, in order to transfer real property, it will be necessary for you to engage attorney, although probate, get letters of authority, sell a home and distribute the proceeds. This should be a relatively simple and reasonably inexpensive procedure provided that no one is objecting. I would strongly suggest engaging attorney.
    Answer Applies to: Michigan
    Replied: 10/26/2012
    Frederick & Frederick PLC | James P Frederick
    This needs to go through probate. The personal representative (executor) is the only person that can legally transfer title, at this point.
    Answer Applies to: Michigan
    Replied: 10/26/2012
    Dwight Edward Tompkins, Attorney at Law
    Dwight Edward Tompkins, Attorney at Law | Dwight Edward Tompkins
    In California, if the decedent left real estate property with a value of $50,000 or more; then the decedent's estate will have to be submitted to the Probate Court for administration. One of the family should petition the Court to be appointed the Administrator. Assuming that the 3 children are the heirs, then the Court will distribute the real estate property equally to the 3 children.
    Answer Applies to: California
    Replied: 10/26/2012
    Thompson Ostler & Olsen dba Franchise Business Law Group | Brooke Ashton
    You must go through the probate process with the courts to have the property transferred from your parents' names to your names. This requires someone being assigned as the personal representative for the estate and then proving that the children are the rightful heirs to the property.
    Answer Applies to: Utah
    Replied: 10/26/2012
    Zahaby Law Offices
    Zahaby Law Offices | Jon A. Zahaby, Esq.
    If all children / siblings are in agreement regarding percentage share in the property, an informal intestate probate can be done in order to change title.
    Answer Applies to: Hawaii
    Replied: 10/26/2012
    Law Offices of Charles R. Perry
    Law Offices of Charles R. Perry | Charles R. Perry
    Most likely, the house must pass through probate. A simplified procedure exists for estates with less than $150,000 in assets, but documents must still be filed with the court.
    Answer Applies to: California
    Replied: 10/26/2012
    Law Offices of R. Christine Brown | R. Christine Brown
    If property is worth more than $150,000, you will have to open a probate. File a petition for probate in the appropriate Superior Court in the county in which you parents resided.
    Answer Applies to: California
    Replied: 10/26/2012
    Hamblin Law Office | Sally Hamblin
    You need to get authorization through Probate Court. Once you have that file a quit claim deed. You will need death certificate.
    Answer Applies to: Michigan
    Replied: 10/26/2012
    Meissner, Joseph & Palley, Inc.
    Meissner, Joseph & Palley, Inc. | John Palley
    In California, when there is no will or trust some type of probate Court petition is necessary to transfer real property after death. The main threshold is $150,000 in current value (as determined by the probate referee). If less than $150,000 an abbreviated probate procedure can be utilized. When more than $150,000 a full probate is required. It's important to work with an experienced probate attorney to make sure all the filings get done right as the total savings can be great.
    Answer Applies to: California
    Replied: 10/26/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    If the property is currently titled in the name(s) of one or both parents, it will be necessary to probate the property to transfer title in any manner. Someone will need to file a petition requesting that the court determine that the decedent(last to die) was intestate (no will) and requesting appointment as Personal Representative(P.R.) of the estate. Only upon formal appointment as P.R. will the P.R. have authority to transfer the property belonging to the estate. The P.R. is also obligated to pay the creditors of the estate and any costs of administration. If the estate has sufficient assets to make those payments, the real property can be transferred to the three children. If not, the property may need to be sold and the proceeds used to pay bills.
    Answer Applies to: Minnesota
    Replied: 10/26/2012
    Aldrich Legal Services, PLLC
    Aldrich Legal Services, PLLC | Brad Aldrich
    If title to the real estate is in the name of your parents that have passed away then a probate estate must be opened in the County where the last parent resided. Only a probate judge can sign an Order transferring title to the real estate into the proper beneficiaries, which it sound like are the 3 surviving children. Without a Will a process called Intestate Succession governs how assets of an estate are distributed. Assets go first to the surviving spouse; if no spouse then to surviving children in equal shares; if no children to surviving parents in equal shares and so forth. This is how the surviving children are entitled to equal share of the real estate which means an Order needs to be entered transferring title to all surviving children and then recorded at the Register of Deeds for the County that the real estate sits in.
    Answer Applies to: Michigan
    Replied: 10/26/2012
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    File an action in probate. Barry Your financial plan is not complete until it is co-ordinates with your estate plan. Will your family be provided for when you are gone? Without a Will, the court will decide.
    Answer Applies to: Georgia
    Replied: 10/26/2012
    Winnick Ruben Hoffnung Peabody & Mendel, LLC | Daniel N. Hoffnung
    You must go to the Probate Court.
    Answer Applies to: Connecticut
    Replied: 10/26/2012
    GOLD & ASSOCIATES, P.C.
    GOLD & ASSOCIATES, P.C. | KENNETH GOLD
    The home will have to go through probate first. If you need any help please contact me.
    Answer Applies to: Michigan
    Replied: 10/26/2012
    Byers & Goulding, PLC | Andrew Byers
    In answering this I am assuming that your parents owned the home as husband and wife. If so, someone will need to open a probate estate for the last parent to die in the county where they resided. After the estate is opened, a personal representative will be appointed and he or she can then sign a deed transferring the home to the heirs.
    Answer Applies to: Michigan
    Replied: 10/26/2012
    Neal M. Rimer, Esquire
    Neal M. Rimer, Esquire | Neal M. Rimer
    After you finish probate on the estate assets, the judge will sign an order to transfer the property to the beneficiaries, which can then be recorded to effect a change in the ownership of the home.
    Answer Applies to: California
    Replied: 10/26/2012
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    The house and other assets will have to be probated.
    Answer Applies to: Michigan
    Replied: 10/26/2012
    The Center for Elder Law
    The Center for Elder Law | Don Rosenberg
    If the property is in your parents name then I am afraid the only way to transfer it to the children is through a probate administration. Probate is not a horror story and is not that expensive anymore. We have handled 1,000's of them. If this is in Michigan in can be done through an informal process.
    Answer Applies to: Michigan
    Replied: 10/26/2012
    O'Keefe Legal Services, L.L.C.
    O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
    In Maryland, the personal representative for the parent's estate (someone will need to open the estate for administration/probate at the Register of Wills for the county where the parent resided) will pass title by executing a deed to the three children, so they can hold it as co-owners (can be as joint tenants or tenants in common). The deed can then be recorded in the land records for the county where the property is.
    Answer Applies to: Maryland
    Replied: 10/26/2012
    TrustCounsel | Gregory Herman-Giddens
    In North Carolina, no deed is required when real property is inherited. Consult with an attorney to see if a probate proceeding should be commenced.
    Answer Applies to: North Carolina
    Replied: 10/26/2012
    Martinson & Beason, PC
    Martinson & Beason, PC | Douglas C Martinson II
    You would have to probate an administration of an intestate (no will) estate. One of you could be appointed as Administrator over the estate. Whoever is appointment must live in the State of Alabama and be bonded to carry out those duties. You have to probate the estate to prove there are no other heirs, there are no creditors and that the last to die of your parents didn't have a will. It is a simple process but is necessary to prove to the world that you are the only heirs and there are no creditors or that any creditors have been satisfied. That is the only way to pass clear title to the property.
    Answer Applies to: Alabama
    Replied: 10/26/2012
    Law Office of Pamela Braynon | Pamela Y. Braynon
    The one of the purposes of probate is to do exactly what you are asking. Especially if the parents did not place the children's name on the property prior to death. You would need to consult an attorney that is familiar with the probate process.
    Answer Applies to: Florida
    Replied: 10/26/2012
    Neil J. Lehto, Esq.
    Neil J. Lehto, Esq. | Neil J. Lehto
    You'll need to open an estate administration for the last parent who died and transfer from the estate to the three children.
    Answer Applies to: Michigan
    Replied: 10/26/2012
    Bassinger & Harvey
    Bassinger & Harvey | Randy J Harvey
    The property must go through probate and the court will authorize title transfer. This advice is based on the limited facts that you have provided, additional facts may change the advice. We are not providing you legal advice, rather we are responding to your set of facts based on general legal principles. You should not rely on this information without consulting an attorney and providing the attorney with a complete set of facts. We provide a reduced rate initial consultation for $35.00, if you would like a more complete answer. We are not representing you in this or any other matter, unless and until you and we have entered into a written agreement for services.
    Answer Applies to: Oregon
    Replied: 10/26/2012
    Edward L. Armstrong, P.C. | Edward L. Armstrong
    If the last surviving parent died within the last year, your family needs to open an estate in the probate division of the circuit court in the county where the parent lived/died. You will need an attorney to help you with this. If it's been more than a year since the last parent died you can't open an estate but you will need to file a determination of heir ship in the probate division of the circuit court. You will also need an attorney for this.
    Answer Applies to: Missouri
    Replied: 10/26/2012
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