Legal Question in Wills and Trusts in New York
Deed
I need to transfer my mothers real property, she died without a will and it's the only item left in her estate. There has been no probate. I would like to secure a form to transfer the porperty.
2 Answers from Attorneys
Re: Deed
Unless you are on the deed.
You are going to have to be appointed Administrator of your moms estate, and get letters of Administration. To do this there are a number of documents that need to be completed and submitted to surrogate court. Please contact my office if you would like my assistance.
Shawn Kassman, Esq
Re: Deed
The forms are available at stationary stores, or I can assist you by providing some forms, or you can get some from the County recording office where the property is located. However, unless you were listed on the Deed with her, as a co-owner, you might have to get a Surrogate's appointment (as administrator of her estate) to evidence your authority to sign a Deed transfering ownership to you. I am not sure a title company would accept a Deed merely in your name as sole heir of her estate, but you might want to check on this with a local one. If they would accept it, and provide title insurance to anyone who might purchase the property after the new Deed is recorded, they also can assist you and possibly provide the forms you will need.