This form is a Quitclaim Deed where the grantors are two individuals, one deceased, and the grantees are two individuals. Grantors convey and quitclaim the described property to grantees. Grantees take the property as tenants in common. This deed complies with all state statutory laws.
Massachusetts Quitclaim Deed from Two Individuals, One who is deceased, to Two Individuals
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State:
Massachusetts
Control #:
MA-019-77
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Word;
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How to fill out Massachusetts Quitclaim Deed From Two Individuals, One Who Is Deceased, To Two Individuals?
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FAQ
In most cases, the surviving owner or heir obtains the title to the home, the former owner's death certificate, a notarized affidavit of death, and a preliminary change of ownership report form. When all these are gathered, the transfer gets recorded, the fees are paid, and the county issues a new title deed.
If it was inherited, succession law comes into play. Once the beneficiaries and their shares, rights and liabilities are decided, the property has to be transferred in their names. For this you need to apply for property transfer at the sub-registrar's office.
File a petition in probate court. The first step to transferring the property to the rightful new owners is to open up a case in probate court. Petition the court for sale and convey the property to the purchaser. Next, you must petition the court to sell the property.
If the deceased was sole owner, or co-owned the property without right of survivorship, title passes according to his will. Whoever the will names as the beneficiary to the house inherits it, which requires filing a new deed confirming her title. If the deceased died intestate -- without a will -- state law takes over.
So long as the quitclaim deed is valid (properly notarized, etc.) it can be recorded even after the grantor's death, so property owned by the deceased which has been deeded in that quitclaim deed should not need to pass through probate.
A quitclaim deed is sometimes used to avoid probate court by transferring an interest in real property before someone's death. The property is transferred by deed during their life, instead of being transferred by a will after the grantor's death.
When someone who owns real property dies, the property goes into probate or it automatically passes, by operation of law, to surviving co-owners. Often, surviving co-owners do nothing with the title for as long as they own the property. Yet the best practice is to remove the deceased owner's name from the title.
If one co-owner dies, their interest in the property automatically passes to the surviving co-owner(s), whether or not they have a will. As tenants in common, co-owners own specific shares of the property. Each owner can leave their share of the property to whoever they choose.
Joint tenancy avoids probate. 2. Title to real property can be cleared after a death by filing an affidavit of death of joint tenant. The surviving joint tenant then owns the property with no further proceedings or paperwork required.