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Probate clears the titles to stocks, bonds, other securities and cars; officially puts real estate into the name of the person who inherited it; and stops others, including creditors, from claiming any of the property after the probate ends.
While there are no specific statutory steps, one way for the surviving beneficiary to formalize the conveyance is by executing and recording an affidavit of survivorship. This document, when accompanied by a certified copy of the deceased owner's death certificate, provides official notice of the change in ownership.
What Is the Difference Between TOD and Beneficiary? A transfer on death is an instrument that transfers ownership of specific accounts and assets to someone. A beneficiary is someone that is named to receive something of value.
To transfer real property into your Trust, a new deed reflecting the name of the Trust must be executed, notarized and recorded with the County Recorder in the County where the property is located. Care must be taken that the exact legal description in the existing deed appears on the new deed.
Estate planning, including Living Trusts, Payment on Death Accounts, and Transfer on Death Deeds, may help avoid Probate.