The transfer of property from the estate of deceased parents to their heirs is documented by filing a legally recognized deed at the office of the county clerk. This document may take the form of either an executor's deed or an administrator's deed, depending on the specific circumstances of your particular case.
Determine the type of required deed. You must file an executor's deed if your deceased parent filed a will appointing an executor of his estate. You will need to file an administrator's deed if your parent died without filing a will or appointing an executor.
Develop the deed. You can find a sample of both of these deeds online at the document-sharing website, DocStoc.com. There is no cost to access these deeds. It may also be possible to access a state-specific draft of a deed from your state legal code. Some states place the state code online in searchable format. The draft of the deed will include a section for listing the property description. Double-check this description to ensure accuracy.
Contact the administrator or executor of your parents' estate. Ask him to sign the deed.
File the deed with the county clerk in the county where the property is located. This provides official proof of the deed's existence, should it come into question in the future.
Request a certified copy of the deed from the county clerk. Keep this copy for your records.
- The specific circumstances regarding deed transfer may vary from state to state. A local probate attorney will be able to offer state-specific advice.
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