If someone died after signing a quitclaim deed, does it still have to go through probate? 21 Answers as of July 29, 2013

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Thomas C. Phipps | Thomas C Phipps
If the decedent's name is no longer on the deed the property will not have to go through probate.
Answer Applies to: Missouri
Replied: 7/29/2013
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Maybe, but I doubt it, as the [property now belongs to whoever the named grantee is.
Answer Applies to: California
Replied: 7/24/2013
Noel Law Firm | Elizabeth V. Noel
Upon signing a Quit Claim Deed, the ownership and rights go to the grantee. The grantor has no further rights or interest in the property and it generally cannot become part of the grantor's estate.
Answer Applies to: Maryland
Replied: 7/24/2013
Law Office of Pamela Braynon | Pamela Y. Braynon
This is not a clear question. Please be more specific. What is the quit claim deed pertaining to? (homestead property or investment property) Has the quit claim deed recorded? Was the quit claim deed deeding the property to the someone and the decedent or did the quit claim deed deed the entire property to someone else?
Answer Applies to: Florida
Replied: 7/24/2013
Danville Law Group | Scott Jordan
No, you can record the quitclaim deed and the property is not part of the decedent's estate.
Answer Applies to: California
Replied: 7/23/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Really a tough question. Was the deed signed AND recorded in the county records? Then no, that property has been transferred, and is not in the decedent's estate. Did the decedent sign the deed and hold on to it? Now you have a tough legal question regarding what the decedent intended.
    Answer Applies to: Oregon
    Replied: 7/23/2013
    Law Offices of George H. Shers | George H. Shers
    If the necessary paperwork was filled out before the person died then the property has been transferred and is not part of the estate.? If the transfer did not occur, the property would be part of the estate and would pass to the heirs of the estate.
    Answer Applies to: California
    Replied: 7/23/2013
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    If the Quit-Claim Deed was properly signed and notarized, this asset would not need to be probated. If this is the only asset that would have needed to be probated, there should be no need to start a probate proceeding.
    Answer Applies to: Minnesota
    Replied: 7/23/2013
    Law Office of Edward M. Burgh, APC | Edward M. Burgh
    Not if it was notarized.
    Answer Applies to: California
    Replied: 7/23/2013
    Reger Rizzo & Darnall LLP | Kathleen DeLacy
    If signed before death it can still be recorded.
    Answer Applies to: Delaware
    Replied: 7/23/2013
    Frederick & Frederick PLC | James P Frederick
    It depends on what the deed says and the circumstances surrounding it. Was the deed delivered during lifetime? Was the deed recorded? Are there any other assets? If structured properly, probate may not be needed.
    Answer Applies to: Michigan
    Replied: 7/23/2013
    Gates' Law, PLLC | Thomas E. Gates
    Yes, the Quitclaim Deed is a legal document which transferred the property to another at signing.
    Answer Applies to: Washington
    Replied: 7/23/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Was the deed delivered? You need to have the delivery of deed requirements and other state law requirements reviewed to determine if they are satisfied.
    Answer Applies to: Nevada
    Replied: 7/23/2013
    Estrada Law P.C. | Michele Ungvarsky
    Has it been registered with the county clerk? If so then the property was conveyed prior to death and it is not part of the estate.
    Answer Applies to: New Mexico
    Replied: 7/23/2013
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    Not if the deed is recorded. In Colorado, the deed can recorded after the death of the person signing the deed. There may be other reasons a probate proceeding is necessary or advisable.
    Answer Applies to: Colorado
    Replied: 7/23/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    No, especially if the deed is recorded or given to the grantee.
    Answer Applies to: Michigan
    Replied: 7/23/2013
    Meissner, Joseph & Palley, Inc.
    Meissner, Joseph & Palley, Inc. | John Palley
    No probate should be required. However, do get the deed recorded.
    Answer Applies to: California
    Replied: 7/23/2013
    James Law Group
    James Law Group | Christine James
    If that person's name was completely removed from title, generally no. If there is question of undue influence, lack of capacity or other objection to the transfer, perhaps.
    Answer Applies to: California
    Replied: 7/23/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Was it recorded? If not, there may be an issue regarding whether it was valid.
    Answer Applies to: Idaho
    Replied: 7/23/2013
    Attorney At Law | James G. Maguire
    No. After the quitclaim was signed, decedent no longer owned it.
    Answer Applies to: Louisiana
    Replied: 7/23/2013
    Benjamin D Gordon, Attorney at Law
    Benjamin D Gordon, Attorney at Law | Benjamin D Gordon
    So long as the quitclaim deed is valid (properly notarized, etc.) it can be recorded even after the grantor's death, so property owned by the deceased which has been deeded in that quitclaim deed should not need to pass through probate.
    Answer Applies to: Utah
    Replied: 7/23/2013
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney