What to do if my father passed away and left me a piece of property but my name is not on the deed?

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What to do if my father passed away and left me a piece of property but my name is not on the deed?

I’m also the personal representative of the Will. In it I was left the entirety of the estate. So do I have to do anything to prove that I own the property.

Asked on May 17, 2011 under Estate Planning, Oregon

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss.  Have you probated the Will and been appointed as the personal representative - known as the Executor - as of yet?  You will need to do this in order to properly transfer any of the property that is in your Father's name in to your name.  You will submit a Petition for Letters Testamentary to the Probate Court with a copy of the Will and request that the court issue letters to you.  This is a very simplistic version of what is going to happen.  Once you are appointed you will have to go through all the necessary actions in gathering assets, paying off debt, etc., until such time that you are able to distribute the assets.  The property will be transferred via an Executor's Deed from you as Executor to you personally.  Get help with this.  Good luck.


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