How do you transfer a piece of property after the probate estate of the owner is closed?
- David Greene
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The only way to transfer real property owned by a deceased person who died less than ten years ago is to go through probate and obtain a Deed of Distribution. If the deceased died more than ten years ago, a Determination of Heirs action must be filed. I will discuss that in a later blog. If the estate has already been closed, you must file a Petition to reopen the Estate based on newly discovered property. An attorney will need to prepare this petition. To whom the property is transferred depends on whether or not the deceased had a will. If she had a will the property will transfer according to the terms of the will. If there was no will, then the property will transfer based on the Intestate Succession statute. Since your mother died intestate, whether or not you will get the entire piece of property depends on whether her husband was alive when she died and if you have any other siblings. If he was alive and/or you had siblings, then you will share ownership of the property with them.