Should I list my deceased father on a quitclaim deed if probate was already completed years ago?

Lexi, Chatbot

I understand that dealing with property matters after a loved one’s passing can be challenging. Can you confirm if there is a will or probate process involved regarding your father’s estate?

Lexi, Chatbot

Have you already obtained the necessary documentation to prove your relationship to your father and mother for the quick claim deed?

Legal Eagle

Good day and welcome. Please give me a moment to review your question. Note that I am a hearing impaired expert, so phone calls are difficult for me. Thank you for understanding. Just so you are aware, this is a legal information only site. I do not provide representation and no attorney-client relationship is formed. My answers and comments should not be considered legal advice. It is always best to hire a local attorney to review the specifics of your particular case to ensure that a proper review is conducted.

Legal Eagle

Have you drafted the deed yet?

Legal Eagle

When a property owner has passed away, the critical legal issue is who holds title now, not whose name still appears on the assessor’s records. The assessor’s listing (showing your father’s name “et al.”) is not determinative of ownership and often lags behind recorded deeds. What controls is the last recorded deed and the outcome of the completed probate or estate process.

If probate was completed years ago and title was transferred—either solely to your mother or to specific heirs—then only the current title holder(s) should be listed as grantor(s) on a quitclaim deed. You generally should not list a deceased person as a grantor, even with “et al.,” because a deceased person cannot convey property. If your mother received full title through probate, survivorship, or a recorded deed, she alone should be the grantor.

A birth certificate is not required for a quitclaim deed and does not establish authority to convey property. What matters is proof of title, which typically comes from the final probate order, recorded distribution deed, survivorship deed, or prior recorded deed showing ownership vested in your mother.

Before printing or recording the deed, you should confirm ownership by checking the county recorder’s records for the most recent deed after probate. If the title is vested solely in your mother, remove your father’s name entirely from the grantor section. If title was distributed to multiple heirs, all owners must sign or otherwise convey their interests. Getting this part wrong can result in a rejected recording or a defective chain of title.

Legal Eagle

Best of luck, my friend.