How to Remove a Deceased Person from a Deed

Step-by-Step Guide

1. 1

   Step 1: Obtain a copy of the deed to determine how the property is titled.

   If the decedent does not have a copy of the deed, one can be obtained from the county recorder’s office for a small fee., With sole ownership, only one person (the decedent) owns the property.
   
   This means that upon the person’s death, the property deed will likely need to go through the probate process instead of passing more easily to another person. , In a joint tenancy, more than one person owns the property equally.
   
   That means when one owner passes away, rights to the property are transferred to the surviving tenants equally.
   
   However, not all states recognize joint tenancies.
   
   Joint tenancy with a right of survivorship is a type of joint tenancy that specifies that upon one owner’s death, the property is owned outright by the survivors.
   
   This is more widely accepted than a joint tenancy without a survivorship specification.
   
   For example, if Jill and Jim own property as a joint tenancy with a right of survivorship and Jill dies, Jim is the new owner of the property.
   
   This is automatic, and the property does not go through probate with the rest of Jill’s estate. , Tenancy in common also occurs when there is more than one owner on a property.
   
   However, with a tenancy in common, ownership percentages need not be equal and upon the death of one tenant, the property passes to their heirs instead of to the other property owner.
   
   For example, if Jill and Jim own property as tenants in common, and Jill dies, her portion of the property will not pass to Jim, but instead will pass through the probate process to her heirs or to her beneficiaries named in her will. , Tenancy by entirety is nearly always applied only to spousal ownership.
   
   In this instance, neither tenant may make property changes automatically without the consent of the other.
   
   In the case that one tenant is deceased, the surviving owner is the full owner of the property.
   
   For example, if Jill and Jim are married and own a house and Jill dies, ownership of the house will pass automatically to Jim, and he will be the full and only owner of the house, even without going through the probate process.
2. 2

   Step 2: Recognize that sole ownership could be problematic.

3. 3

   Step 3: Look for joint tenancy.

4. 4

   Step 4: Differentiate between joint tenancy and tenancy in common.

5. 5

   Step 5: Understand tenancy by entirety.

Detailed Guide

About the Author