Death brings along many challenges. When real estate property is involved it can become even more complicated. Care must be taken to locate all necessary documents. Collect the will, death certificate, and property deed. Make copies and do not let the originals out of your possession. Not having the needed paperwork can lengthen the process considerably. File any needed paperwork in a timely manner to expedite the transfer of the deed according to New Jersey state laws.
Determine the kind of property deed to be transferred. The main deed types in New Jersey are single residency, joint tenancy, and tenancy in common.
Read More: How to Transfer a Deed in Texas
Take a probated will to the county clerk's office for a single residency deed. This means that only one person's name was on the will. The person left the house in the will must go to the office to have the deed reissued in their name. If no will was left, the estate must be probated and the New Jersey probate court will issue papers regarding ownership of the property. These papers would then be taken to the clerk's office to have a deed issued.
Go the county clerk's office with a copy of the death certificate, in the case of a joint tenancy. New Jersey law presumes the property is to pass on to the others listed on the deed in this case. The death certificate and the original deed are the only documents needed to have the deceased's name removed from the deed.
File papers in New Jersey probate court to have a deed transferred, in case of a tenancy in common. Multiple parties are usually involved, all who have the right to dispose of their share of their property as they see fit. Probate court will issue the necessary papers to preserve the tenancy in common, while removing the name of the deceased and adding the heirs.
Consult with a legal professional.
- Consult with a legal professional.
Tracie Harris lives in Atlanta and has been writing lifestyle articles since 2008. W.W. Norton is publishing her work in "The Seagull Guide" due out in 2011. Her writing has also appeared in "The Historian" and The Good Cook. Harris is a former social studies teacher. She holds a B.A. in history and secondary education from Agnes Scott College.