Removing Deceased From Deed

Summary

To remove a deceased persons name from a deed in idaho, check if the deed is titled as joint tenants with right of survivorship. If so, a death certificate may suffice. Otherwise, probate might be necessary. Obtain a copy of the deed from the county recorders office to determine ownership type. Sole and separate property means exclusive ownership by one person. To probate an estate, file a petition with the county court, provide the death certificate, appoint a personal representative, notify creditors and beneficiaries, and distribute assets. Consulting a local estate attorney can be helpful.

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No. How do I find out?
To find out how the deed is titled, you can:
- Obtain a copy of the deed from your local county recorder's office.
- Review the deed for terms like "joint tenants with right of survivorship" or "tenants in common."
- If unclear, consider consulting a real estate attorney for clarification.
Have you checked with the county recorder's office yet?
What does "sole and separate property" mean?
"Sole and separate property" refers to property owned exclusively by one person, without any joint ownership or shared interest with others. In Idaho, this term typically applies to property acquired before marriage or property specifically designated as separate through legal agreements. If you're dealing with a deed, it’s important to identify how ownership is designated. Have you had a chance to check with the county recorder's office regarding the deed?
How do you probate the estate?
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To probate an estate in Idaho, follow these steps:
- File a petition for probate with the appropriate county court.
- Provide the deceased's death certificate and will, if available.
- Appoint a personal representative to manage the estate.
- Notify creditors and beneficiaries.
- Distribute assets according to the will or state law.
Have you already filed a petition for probate with the court?
no, do I need a lawyer?
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It's possible you might not need a lawyer if the deed is titled as "joint tenants with right of survivorship," as this may only require a death certificate. However, if probate is necessary, consulting a lawyer can be beneficial to navigate the process. Have you checked the deed at the county recorder's office yet?