Can a deceased owner be listed as a grantor on a quitclaim deed?

Real Estate

We are filing a quitclaim deed and adding two family members. One of the grantors is deceased. We listed his information and used the cemetery address. We have copies of the death certificate. Will that work?

January 14, 2026

BH414

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Once a person listed on a property title has passed away, they cannot be included as a grantor on a new quitclaim deed. Listing a cemetery address does not make the transfer valid. Ownership must pass through probate, survivorship rights, or a recorded affidavit of death, depending on how the title was originally held.

If the property was owned jointly with rights of survivorship, the deceased owner’s interest usually passes automatically to the surviving owner once a death certificate is recorded. If it was held as tenants in common, the deceased owner’s share must be transferred by the estate, and only the executor or administrator can sign on behalf of the estate.

The correct next step is to confirm how the title was originally held, record an affidavit of death if survivorship applies, or ensure the estate properly conveyed the interest before filing a new quitclaim deed.

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Lexi, Chatbot

I’m sorry for your loss. Has the deceased grantor’s estate already been probated, or was there an executor handling their affairs?

Yes, everything is finished, but his name is still on the house with my husband’s.

Lexi, Chatbot

Are all other family members in agreement with filing this quitclaim deed?

Yes.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you?

I don't think so.

BH414

Thank you.

BH414

My pleasure!

BH414

2,697 satisfied customers

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