Real Estate

Deed in which grantor warrants good, clear title. Upon the death of the title holder, property must go through probate to transfer.

A Deed of conveyance intended to pass any title, interest, or claim which the grantor may have in the property, but not promising that such title is valid, nor contains any warranties.

Deed in which husband and wife hold title jointly, with right of survivorship. Upon the death of one of the spouses, property automatically passes to surviving spouse by filing an Affidavit of Survivor. No probate is necessary.

**The survivorship deed is ideal for spouses that want to leave the property to the survivor, but want to avoid probate. Many couples assume that they have a "survivorship deed" because both their names are on the deed. This is a common misconception. Even though both names are on the deed, it does not mean it is survivorship. There is specific language, "or to the survivor of them" which must be on the front of the deed to make it a survivorship deed. If husband and wife don't have a survivorship deed, upon the death of one of the spouses, the other spouse's half must go through probate.

Probate is the process that requires you to open a formal estate administration in the Probate Court. For example, say that when you die you have property with your spouse that wasn't put in "survivorship" form. You may think that because both of your names appear on the deed to the property your spouse is automatically entitled to your half of the property upon your death, this a common misconception. The reality is that your spouse would be forced to open an estate in the Probate Court located in your county. If you have a Will, your Will would be filed with the Court, and the Court would then appoint the person named in your Will to administer your estate. Your half of your assets would have to be administered through the court to pass to your spouse. This can be a costly and timely process. If you do not have Will, the process is even more complicated. There are simple ways to avoid probate, and if you're not sure if your estate will be subject to probate, you should consult an attorney.

**This is an ideal deed for an individual that wants to leave their property to their child/children/or other beneficiary that may not be related. This deed enables the individual to keep the property in their name, but pass it directly to the beneficiary upon their death, without the need for probate.