- 1). File a petition to have the estate settled in probate court. If there is a will naming someone as an heir to the estate, then a probate petition needs to be filed. If there is no will, an administration petition must be filed. Accordingly, you must attend any probate court hearing scheduled and comply with all court requests. At the end of the hearings, it is possible that you will be named administrator or executor of the deceased's estate.
- 2). Obtain a copy of the most current deed to the estate. If you do not have the document, visit the county recorder's office in the county in which the property is located to obtain a copy.
- 3). Obtain a blank deed form from a legal print shop. If administration proceedings were followed, you will need to obtain an administrator's deed. If probate proceedings were followed to settle the estate, then you must obtain an executor's deed.
- 4). Complete the new deed. The name of the person taking over the deed must be filled out in the "Grantor" section. Enter the deceased person's name and the estate court file number in the designated spot. The legal description on the current deed must be copied onto the new deed. Any amount of money paid, or the consideration, as it is typically called, by the grantee (the person taking over the deed) must be entered on the deed. If no money is being used for the transfer, then contact the county recorder's office to ask what the minimum consideration amount allowed is.
- 5). Sign the deed in front of a qualified notary to ensure legality of that person as the administrator or executor of the estate. Accordingly, file the deed in the county recorder's office, which then completes the process.
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