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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.

 


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