Do I need a deed for a house if it is listed in a Will?

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Do I need a deed for a house if it is listed in a Will?

My grandmother is leaving her house to her kids and it’s
listed in the will, do we need a deed for the transfer before
she dies?

Asked on November 27, 2017 under Estate Planning, Arkansas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If your grandmother's Will provided that her house be given to you, then no deed is necessary to transfer it to you. When probate is opened, the house will be transferred at that time. Speak to an attoreny about othe roptions for the house. For example, a Trust or a "life estate" for your grandmother.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If your Grandmother provided for the distribution of her asset prior to passing away bu doing a Will then no, you do not need a deed now to transfer the asset. You will have to go through probate , though, to transfer it after she passes.  You may want to ask a lawyer about avoiding probate and preparing a deed that gives her a life estate then then the remainder to her kids when she passes on.  Good luck.


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