How to transfer ownership of a deceased person’s property?

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How to transfer ownership of a deceased person’s property?

My family inherited land around 10 years ago from my grandmother. The register of deeds still only has my deceased grandmother on file, though they informed me that we could use the Will itself in lieu of a deed. The issue is that, in the Will, my grandmother left 2 plots of land to my uncle and 1 to my father. My uncle has already agreed to transfer ownership of the property to my father but we’re not sure the best way to go about it. My parents are very poor and want to sell the property as soon as possible. What would the best and, basically, cheapest, way be to transfer ownership? Do we need a lawyer to change the will or have a deed created with the consent of both parties, of course?

Asked on October 19, 2012 under Estate Planning, North Carolina

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 9 years ago | Contributor

How you transfer property that is left to someone in a will depends on the state in which you live.  In Florida, you would have to open an estate, which is a relatively expensive proposition.  Other states allow you to transfer property without opening an estate.

It sounds like your state allows transfer without opening an estate.  I suggest you call some title agents in your area to see if they can help you.  Title agents prepare deeds every day.  One may be willing to prepare the deeds you require for a very small fee.  Look under "title insurance" or "title companies" to find one.  Since your parents want to sell the property, the title will have to be in proper form.  A title company may be very willing to prepare these deeds if they get to handle the closing of the sale.

If you can't find a title company, look for a "document preparation" service.  These are often paralegals who can prepare documents for you at much less cost than a lawyer.


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