Transferring the Deed of a house
I need to transfer the deed of a house that my mom and I co-owned until her recent death. Is a real estate attorney the one to do that? I'm sure it's pretty straight forward. Any recommendations? Many thanks!
Aug 25, 2023
Parent Replies
Sounds like an estate attorney would be the place to start, since you not indicate the nature of your co-ownership. If title did not pass to you automatically, I think an estate attorney is the place to start -- at least for a consultation.
We have been pleased with the work of Jean Shrem of El Cerrito for our house deed transfers.
But you may be able to just do it yourself, especially if you are on the deed as a joint tenant. Have you contacted the county recorder;s office?
If you are a joint tenant, you may only need to show the death certificate.
Is there a family trust that spells out how the inheritance is supposed to work?
If you are on the deed as a tenant in common rather than a joint tenant, it could be more complicated.
Condolences on your loss. Yes, a real estate attorney can do this, or if there is an attorney already involved in handling your mother's estate, they can probably help you. How straightforward it is and exactly what needs to be done depends on how you co-owned the house (e.g., joint tenants, tenants in common, through a trust or entity), whether it's your primary residence, whether there's a mortgage or other interests in the property, and where it is. But you may not even need to record a deed, only file a "Change of Ownership Statement - Death of Property Owner" form with the County Assessor for the county where the house is located (if it's in California). Try the relevant county's website (the recorder, assessor, and superior court sites may all have useful info for the representative/executor of a deceased property owner) for some guidance and forms if you want to consider DIY.
An estate planning attorney can help you with that.
I used guidewaylegal.com for a deed transfer. It was part of a divorce that was managed by attorneys but I was able to execute this document change quickly and affordably using the professionals at Guideway. I think they are mostly paralegals but I’m not sure. They’ve done thousands of deeds! Highly recommend!
Good Luck
You can do it yourself, but in my experience, it's best to pay a little for legal help to avoid any mistakes. I've worked regularly with Jean Shrem (https://shremlaw.com/) who has tons of experience, is reasonably priced, and is a wonderful person. You might also consider contacting Megan Micco (https://www.meganmicco.com) who is a local real estate agent and is very knowledgable on title transfers and estate sales. Good luck!