How do I remove a deceased person’s name from a deed?

Dear Ms. Allison: I have someone on my dad’s home deed. Dad has deceased. There are three persons on the house note: myself, Dad, and another person (also deceased). How do I remove the deceased owners? DP in Tulsa

Dear DP:

Your matter may be simple or it can be very difficult to solve and it all depends on the language used on the deed.

If the names of the three owners are followed by the words “joint with rights of survivorship”, you must obtain certified death certificates on each of the deceased co-owners. With these death certificates, you can go to the deeds office and file an affidavit to remove their names from the deed.

However, if the three names are followed by the words “tenants in common”, the deceased people’s property must be probated in Court and someone will inherit their shares in the property. You will need a probate lawyer to help you with this situation.

Good luck to you, sir. If we can help you further, let us know.

To your success, Gale Allison, Estate Attorney

*Originally published in May 2017 in the Gale Allison, PLLC website Asked & Answered blog based on questions from the public. Tags: Trust, Trust Administration, Trust Beneficiary. Gale Allison handles estate matters only: Probate, Estate or Trust Administration; Estate Litigation; Estate Planning; Business Succession Planning; and Estate-related Tax Issues in Tulsa, OK. She also mediates Estate and Family disputes nationally, exclusively through Dispute Resolution Consultants (DRC-OK).

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Gale Allison, JD, LLM, AEP®

Licensed since 1976

Member at firm Gale Allison, PLLC

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Gale Allison, JD, LLM, AEP®

Licensed since 1976

Member at firm Gale Allison, PLLC

AWARDS

AV Preeminent

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