How to Change the Deeds to a House After Parents Die
- 1). Find the parent's will, if one exists. A will can distribute property to anyone, as long as the property is separately owned by the individual writing the will. The property can be transferred to people, churches, corporations, charities and other groups. The will should clearly identify the individual or entity receiving the property.
- 2). Inspect the deed to the house and determine if there is a joint ownership of the house, since that will determine how the deed changes. When two parents have joint ownership of the house and one parent dies, the other parent becomes the sole owner of the house. The deed only changes with the passing of the other parent or when that parent decides to sign the deed of the house over to someone else.
Joint ownership isn't limited to parents and the parents may have joint ownership with someone outside the family. In some states, each spouse owning the property owns half of the property and the living spouse continues to own only half of the property after the death of the other spouse. Therefore, if the one spouse has a will, that will comes into effect with half of the property. - 3). Locate the death certificates of both spouses, because the order of death will influence how the deed changes, in case both parents have died. The will of the last living owner determines where the deed is transferred after the death of both owners. However, under some circumstances, both spouses die simultaneously. An autopsy report may reveal who died first. If not, half of the property is handled as if one spouse died first and the other half is handled as if the other spouse died first. These laws are overridden by any will, insurance contract or living trust that addresses this issue.
- 4). Locate a transfer on death deed or a beneficiary deed, if one exists. These documents allow a parent to have the deed of the house transferred to children after death. The deed should be signed before a notary public and recorded at the courthouse of the property’s county. Then, the deed automatically transfers to the person or entity named as a beneficiary in the deed.
Source...