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Any legal beagles out there know the steps to take without hiring a lawyer on getting deed to property changed to the heirs of a deceased person. There is no will and basically no estate besides the house which also has an equity loan. We have been told we have to go through Probate, but really just want to change the deed. I know I am missing some details so if anyone has gone through this, has questions, or has any ideas, I would greatly appreciate it.
Thanks
I'm not an expert, but I believe Probate will be necessary. If the heirs are all in agreement as to who will inherit the property, it won't be too difficult. If there is some disagreement, things can take awhile [[years). The person who died should have put the heir on his deed as a joint owner - this would have been much cheaper. You really can't "just put your name on the deed", otherwise every time someone died, you'd have countless people trying to do it. You have to prove that you are entitled to take possession of the property, which is the reason for Probate.
How many heirs are their?
Is their agreement among them as to who should take possession?
Who is the executor of the estate?
There was supposed to be a "Quit Claim Deed" [[or something to that effect but we can't find one. Their are five of us and all are in agreement as to who should take possession or be named on the deed. There is no executor of the estate. I have done a little research [[Oakland County Probate/State of Michigan Courts web sites) but am not quite sure what we have to file. Just wondered if there was an easy way to do this.
Thanks Retroit for answering.
Forget the websites. Contact the Probate Court directly. If there is no dispute between family and the property has a clear title now, the Court may be able to walk you through filling out and filing the papers. They won't be able to advise you in any way, just help with the steps of the process.
It might be worth a sit down with a Probate attorney also.
But like Retroit said, if anybody disagrees, it could be a long drawn out expensive process.
As Meddle says, someone will have to be appointed by the probate ct. As it now stands, no one has the authority to redeed the property without a court order. First, get a copy of the latest deed from county records. Then, contact the clerk of your county's probate court. That person can tell you what process needs to be followed and what documents need to be prepared and then recorded. The equity loan will undoubtedly have to be paid before the property can be transferred to another party.
Thanks all, I had an idea, just wanted some more insight.