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.
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. [4] X Research source
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
A new deed isn’t required since there’s been no transfer of ownership. Your spouse’s ownership interest was extinguished when they died.
