Will a warranty deed or quit claim deed be enough to avoid probate?

My grandmother had a lawyer prepare an affidavit of survivorship, a warranty deed, and an affidavit of receipt to me in 15 years ago. Then 5 years later she filed a quitclaim naming herself and I. We have lived in the same house for 15 years. She now wants to transfer the house completely to me. What is necessary to this without complications?


Asked on March 30, 2018 under Estate Planning, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Either the warranty deed or the quit claim will suffice as long as they are done now, while she is still alive (i.e. filed before she passes away). Since a quitclaim would be sufficient for her to transfer her interest in or share of the house to you and does not involve her making any promises or guarantees about title (all she does is transfer *whatever* she has; she does not need to otherwise do a  title search, verify that there are no liens, etc.) that is most likely the easiest thing for her to do.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.