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Removing deceased person from deed-Pa


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#1 Zsava11

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Posted 08 October 2011 - 04:05 AM


What is the procedure for removing a deceased person's name from a property deed in Pennsylvania?  The deed is 'tenants in common'.  Must a realtor,  title company or lawyer be involved or is it something that one can do by themselves? 

Thank you...



#2 harrylime

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Posted 08 October 2011 - 05:49 AM

If the property was owned as tenants in common, then the deceased's interest in the property would be included in the deceased's probate estate and subject to distribution according to the provisions of the deceased's will or intestacy if there was no will - assuming that the deceased's interest in the property does not need to be disposed of in order to pay taxes, probate expenses, and/or the deceased's creditors.

Was probate opened?  If so, have you spoken with the probate estate's personal representative?


#3 Zsava11

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Posted 08 October 2011 - 06:25 AM

Thank you, Harrylime.



The remaining name on the deed is the sole heir to the decedent's
estate. I should also mention that it is now eight years after the death, so probate is not an issue.





#4 harrylime

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Posted 08 October 2011 - 07:16 AM

I'm not sure what "...probate is not an issue" means.  This should have dealt with by the estate's personal representative during probate.

I suggest that you consult with a PA real estate attorney.


#5 Zsava11

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Posted 08 October 2011 - 11:21 AM

'probate is not an issue' means that the estate was settled years ago. Just the name remained on the deed. 

My question remains.  What will an attorney do that a realtor or title clerk (or somesuch) cannot accomplish?


#6 harrylime

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Posted 08 October 2011 - 01:43 PM

The probate estate's personal representative had the legal authority to act as the grantor of the deceased's interest in the property and should have taken care of this while he/she possessed that authority.  If probate was concluded years ago, the personal representative undoubtedly was released from his/her duties.

Who has the legal authority to act as the grantor now?


#7 Zsava11

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Posted 09 October 2011 - 06:52 AM

There is no grantor.  All  of the ducks are in a row on this one.  The decedent's interest in the property was bequeathed  to the sole heir of the estate, who is the tenant in common on the deed. .  What is physically required to remove the deceased person's name?







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