Attorneys Stephen Korshak and Lee Karina Dani

After a parent passes, do you need a quitclaim deed?

On Behalf of | Oct 8, 2024 | Heirs & Beneficiaries, Probate Litigation, Quitclaim Deeds, Real Estate Transactions |

When a parent dies, you might wonder about how to handle their house. This is especially true if only that parent’s name is on the title. Many people wonder whether a quitclaim deed is the best way to transfer the house to its new owner. Do you need one of these legal documents?

What is a quitclaim deed?

A quitclaim deed is a straightforward way to transfer ownership. However, it does not guarantee that the title is clear and free from other claims or liens. This document transfers ownership of a property without any guarantees about the title’s status.

You might use a quitclaim deed in scenarios where the property transfer is between family members or in divorce settlements. It allows owners to relinquish their ownership rights quickly and simply.

Do you need a quitclaim deed after your parent passes away?

While quitclaim deeds can be helpful in some cases like family transfers or divorces, they are not usually the best option when a parent passes away. Instead, the property often goes through probate court. This court makes sure all debts the parent owed are paid before the property moves to a new owner.

If you are the designated heir of the home, the change in ownership typically happens through the probate process. The person in charge, called an executor, will use a different kind of deed that not only transfers ownership but also confirms that the title is clear.

It is wise to consult with an attorney with experience in real estate and probate law to understand the laws that relate to your situation. Professional guidance can help you understand the right way to transfer ownership of your parent’s house.

Handling the legal side of inheritance is complicated and can be overwhelming. Knowing what to do and getting professional help can guide you through it effectively.