How to Transfer Property From a Deceased Person
- 1). Verify the total amount of assets left in the will. If the amount is less than $500,000, then most states will not require the will to go through probate. Probate is the process by which the court verifies the validity of a will and oversees the disbursement of assets. Some states, such as California, also offer a streamline probate for widows left with assets over $500,000.
- 2). Obtain a certificate of death from the state recorder's office. For most widows, it will be necessary to request at least four or five copies to provide for the various state offices and businesses that require an actual copy.
- 3). Transfer all bank accounts by showing the bank a copy of the certificate of death and a valid ID. To avoid this step, it is always best to have both spouses' names on all accounts prior to death.
- 4). Transfer all real property through the county recorder's office. For families who have both spouses on the deed, then the death certificate will suffice for a complete transfer. For any real property that is only in the name of the deceased spouse, a death certificate and a court sealed copy of the will is typically required.
- 1). Determine who the decedent requested to divide the assets and interpret the will. The common title for this person is typically the administrator or executor.
- 2). Determine whether the will must enter probate. Wills where the total amount of assets are higher than $500,000, or there are multiple different wills being presented, must go through probate.
- 3). Obtain a court order for the property transfer and file with the necessary agency. For real property, the county recorder's office will file the document. For bank accounts, the particular bank must have copies of the documents. Finally, for cars, the state's department of motor vehicles must be notified of the transfer.
Widows
Other Named Inheritors
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