Real Estate Lawyer: Transferring a Deed to a Family Member Upon Death

 It is common for people to transfer their property, especially a house to their family members so that in case of death, the house goes to the person you want. While transferring the deed is usually a simple process, especially if you have a real estate lawyer, you should note that once transferred, you lose all ownership and control of the home. However, that is not the case if you use a Transfer on Death deed. Below are the steps to use for a transfer on death – TOD – deed.

1.    Establish availability of transfer on death where you live

The transfer on death deed enables you to maintain full control of your home as long as you are alive but also automatically transfers it to your relative of choice upon your demise without needing a real estate lawyer for probate. If the main reason for transferring your property to a family member is to avoid probate, then the transfer on the death deed is your best option.

2.    Prepare the Title Deed

A transfer on a dead deed appears like any other property title deed, except that it has an additional clause that it is not effective until the owner dies. Different states have different requirements, so consult a real estate lawyer if you cannot work through the requirements by yourself.

3.    Sign in the presence of a Notary

Check your state laws and have the lawyer check that you do not require more witnesses. Note that the person to whom you are transferring the property does not need to be present.

4.    Record the Deed

After signing, you must personally record it at the county recorder’s office, failure to which it will never take effect as no one knows it ever existed. If you change your mind, you can change the deed anytime.

Also, note that all other liens on that property transfer automatically with the transfer on death deed. After your demise, the beneficiary will have to give an affidavit and a death certificate for the deed to be effective.