My late father's deed states "joint tenants with right of survivorship." How do we get it transferred to my name?
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It means your mother does not have to go through probate to transfer the house to you.
We can circle back to my original explanation: all she has to do is prepare a quitclaim deed from her (as grantor) to you (as grantee). She signs it in front of a notary public, and you record the deed at the local land records office to complete the transfer.
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My father passed this year in January 2025. My mother is still living. She wants me to get the mortgage and deed to the home put in my name only. I don’t mind at all, but I don’t know the process. She lives in Douglasville, GA. Please advise. Blessings.
I’m sorry to hear about the passing of your father earlier this year. Have you and your mother discussed this transfer of the mortgage and deed with any legal professionals yet?
No.
Do you have a copy of your father’s will or any documentation regarding ownership of the home?
I do have a copy of the deed. Before my father passed, they were going to add me to the deed, but it never happened due to his death.
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with transferring the deed to your name.
I don't know.
Hello and welcome to the site! My name is Barrister, and I am a licensed attorney. I’m here to help with your situation.
Is the house deed in your mother’s name only?
No, both names, I believe.
If the house is in both parents’ names, someone may need to file a formal probate case to settle your father’s estate so that the deed can be transferred solely to your mother. Then, she can execute a quitclaim deed to you.
I just looked — it’s in both names. So, shall I provide a copy of his death certificate? Does she need to notify an agency or point of contact about his passing and her intention to turn the deed over to me?
Has anyone filed a probate case at the local courthouse to settle your father’s estate?
Is that the only way?
No, no one has filed a probate case at any courthouse.
Okay. When you look at the deed, does it say they are “joint tenants with right of survivorship”?
Is there another route, or is filing a probate case the only route?
When I look at the deed, I don’t see that wording.
Okay, then yes — going through probate is the only way to get the property in your mother’s name solely so she can then deed it over to you.
My sister just showed me that it does say “joint tenants with right of survivorship.” It was my oversight. So what does that mean?
It means your mother does not have to go through probate to transfer the house to you.
We can circle back to my original explanation: all she has to do is prepare a quitclaim deed from her (as grantor) to you (as grantee). She signs it in front of a notary public, and you record the deed at the local land records office to complete the transfer.
