Using a Quitclaim Deed
Make sure a quitclaim deed is right for your situation. Unlike warranty deeds, quitclaim deeds come with no guarantees. Quitclaim deeds are frequently used in divorces or between family members, where everyone knows each other well. With a warranty deed, the person who is transferring their interest to you is guaranteeing that they have free and clear title to the property, and the right to transfer it to you. If you don't know the other person, or if the two of you are not on good terms, you may want to consider a warranty deed. Talk to an attorney. Getting a warranty deed typically requires a title search, which can be costly and time-consuming.
Get a copy of the current deed. The deed to the property is kept at the county recorder's office in the county where the property is located. Start by calling the recorder's office and requesting a copy of the deed. The search process varies among different offices. You may be able to search for the deed online. However, you'll typically have to go to the recorder's office in person to get a copy. The recorder's office may charge a small fee for a copy of the deed, typically less than $10.
Download a quitclaim deed form. Blank quitclaim forms are readily available online. Make sure any form you use is valid in the county where the property is located. If you're unsure, you can take it to your county recorder's office and ask them, or you can ask a real estate attorney. Forms may also be available from your county recorder's office. Check the website for your county recorder, or ask staff in the office where you can get blank forms. Books of forms are also available at your local public library, or at the public law library in the county courthouse. You'll typically have to pay a small copying fee to copy the forms from the books.Tip: You may have heard people say "quick claim," but this is a mispronunciation. Quitclaim is typically written as one word, but you may also see it written as quit claim.
Copy property information from the current deed. On your blank deed form, copy the property description, parcel number, and other information about the property itself exactly as it appears on the current deed. Type the information onto the new deed form. If you write it out by hand, print neatly and legibly using a blue or black ink pen. Any differences in this information could cause problems later on if you decide to mortgage or sell the property. Proofread carefully, and double-check to make sure everything is entered on the new deed exactly as it was on the current deed.
Have the other person sign the quitclaim deed. The quitclaim deed typically must be signed in the presence of a notary. In some states, all owners may need to sign the quitclaim deed, not just the one relinquishing their ownership rights in the property. Even if notarization isn't required, it's a good idea. The notary will verify the person's identity and can confirm that the person is signing the deed voluntarily. If you have the deed notarized, it will be much more difficult for the person to challenge the property transfer later on.
File the quitclaim deed in the recorder's office. Once you have the signed quitclaim deed, take it to the recorder's office in the county where the property is located. You'll have to pay a filing fee to officially record the document. While this fee varies among counties, it's typically less than $50. There may be additional transfer taxes and fees. Call ahead to the recorder's office to find out how much you'll have to pay for the transaction. Ask what methods of payment are accepted so you'll be prepared. Alan Northcott, Veteran Real Estate Attorney To remove someone's name from a property deed, you must file a new deed transferring their interest. The simplest approach is having them sign a quitclaim deed releasing rights to you. If uncooperative, an attorney can help file suit to force transfer or clear a deceased ex-spouse's name.
Filing an Affidavit in Court
Find out if the deceased person left a will. If the person whose name you want off the deed is deceased, you may have to go through probate first. Probate is a court proceeding that distributes a deceased person's assets after their debts are paid. If the person left a will, call the probate court in the county where they were a resident. The probate court clerk should be able to tell you if the person's will has been entered into probate yet. You may also be able to find out who was named their personal representative, or executor of their estate. In some areas, you may be able to avoid probate if the deceased person has a very small estate and you are their only heir. Other conditions may also apply, depending on your state's laws.
Consult a probate attorney. Probate law can be complicated and confusing. Many probate attorneys offer a free initial consultation. Even if you don't think you need to hire an attorney to represent your interests, you may still have questions they could answer for you. If you do plan on hiring an attorney, try to meet with at least 3. Then you can compare to find the best attorney to represent your interests.
Ask for blank property transfer forms at the probate clerk's office. If your state allows heirs to take property without going through probate, the probate clerk will have forms that you can fill out. On these forms, you'll need to provide details about yourself, the deceased person, and your relationship to that person. List the date the person died, and where they died. Explain your relationship to the deceased person and why you are entitled to the property. Typically, the form also requires the legal description of the property found on the deed, as well as the specific wording on the deed that defines their interest in the property. Go to the recorder's office of the county where the property is located to get a copy of the current deed if you don't have one in your records. You may also be able to find forms at the public law library in the county courthouse. Ask the law librarian there if you need help finding them.Tip: Clerks and law librarians can't give you legal advice, but they can help you understand the forms. If you see a term or phrase you don't understand, ask them to explain it to you.
Sign your affidavit in the presence of a notary. By definition, an affidavit is a statement given under oath. Typically, a notary is required to administer this oath. A signed and notarized affidavit is a legally binding document. The notary will also verify your identity. When you go to the notary, bring at least one government-issued photo identification card or document, such as a state-issued driver's license or a passport. After the affidavit is signed and notarized, make at least one copy for your records.
File your forms with the probate court. To claim an interest in real property, you typically need a court order. Expect to pay a filing fee when you file your forms – typically less than $50. Call ahead to the clerk's office to find out the amount of the fees and the methods of payment accepted. Make sure you've included any required attachments or exhibits, such as the person's death certificate and a certified copy of the will. Take at least one set of copies along for the clerk to file-stamp, so you'll have those for your records.
Take your signed order to the recorder's office. Have the signed order recorded in the recorder's office for the county where the property is located. Expect a small recording fee, typically less than $50. Once the order is recorded, you are the sole rightful owner of the property. The court may mail the order to you after the judge signs it. In some courts, the clerk's office may call you to come and pick it up, while in others they simply tell you to come back after a specific period of time.
Removing a Deceased Spouse's Name
Determine how you took title on the current deed. Depending on the wording used to show the ownership of the property, you may not have to do anything at all. If you and your spouse owned the property with rights of survivorship, the property ownership automatically transfers to you on the death of your spouse. If you took title as "joint tenants," you also automatically get the other owner's share upon their death. There is no reason to file another deed. If you see any language on the deed other than "joint tenants" or "rights of survivorship," consult an attorney. It's possible that you'll have to go through probate. For example, if the two of you took title as "tenants in common," your spouse may have left their share to someone else, and you'll likely have to go through probate.
Download and complete "change in ownership" forms. Some states, such as California, require "change in ownership" forms within a limited period of time after someone dies who owns real property. These forms deal with tax assessment. While they don't necessarily get your deceased spouse's name removed from the deed, they ensure that property taxes are no longer assessed as though your spouse was still alive. These forms may be available for download from the website of the tax assessor's or recorder's office. If you want to pick up paper forms in person, visit the local tax assessor's office. An inventory or appraisal of the property may be required before you can file change in ownership forms. If your spouse had a will, work with the personal representative or executor of the estate to get these forms completed promptly.
File change in ownership forms at the recorder's office. Change of ownership forms must be filed at the tax assessor's office for the county where the property is located within 150 days of the date of death. The forms can perform double-duty if you also file them at the recorder's office as proof of death. These forms are typically filed by your spouse's personal representative or executor. If you are not the executor of your spouse's estate, work with them to get copies of the forms filed at the recorder's office. You will likely need to include a certified copy of your spouse's death certificate along with these forms.
Record the deceased spouse's death certificate. If you owned the property together with your spouse and had rights of survivorship, make your spouse's death part of the property record. This makes it clear that you are the sole owner of the property. A new deed isn't required since there's been no transfer of ownership. Your spouse's ownership interest was extinguished when they died.
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