Property awarded to 5 people in probate 4 sign quit claim deed 1 dies can a death certificate be used instead of quit claim deed?

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1019827

2026-04-15 01:50

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If the property was devised to five people as joint tenants, the interest of the deceased devisee would automatically pass to the surviving four. You would need to record a death certificate in the land records. You may also need to record some statement required by your state that there are no inheritance taxes due. You need to check with a local attorney on that issue.

If the five acquired the property as tenants in common then the transfer will be more complicated. If the fifth person died AFTER the testator then her 1/5 interest passed to her heirs and her estate must be probated. Then her heirs will need to execute a deed that conveys that 1/5 interest.

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