Legal Question in Real Estate Law in Maryland
Deed
How do I legallly remove a deceaced persons' name from a deed?
2 Answers from Attorneys
Re: Deed
The answer to your question depends on how the deceased person and the survivor(s) held title. If they held it as tenants in common, then the deceased person's interest in the property will pass through his/her estate to their beneficiaries. The estate representative (executor) will have to deal with it. If title was held in joint tenancy, then the survivor(s) automatically become the owners. It really isn't necessary to do anything to remove the deceased's name. If the property is sold or refinanced, you display the death certificate, and enables the survivors to transfer the property or encumber it.
Re: Deed
Unless the deceased is your spouse, through probate. Contact an attorney for assistance.