Newport News, VA asked in Real Estate Law and Probate for Virginia

Q: I inherited property in NC when my father died in 2005. I live in VA. I need to have my name placed on that deed.

The property is owned by 2 others as well, and we all would like to sell the property now. How do I go about getting my name on the deed so it can be sold? Does that have to be done in person or are there alternatives.?

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1 Lawyer Answer
Richard Sternberg
Richard Sternberg
Answered
  • Probate Lawyer
  • Potomac, MD
  • Licensed in Virginia

A: If all owners agree as to ownership, there is usually no need to conform the title before sale. Unless the title is so damaged that a claim to quiet title is required, all three of you should sign a listing agreement to put the property on the market, and the title agent will correct title at the closing. You'll have an advantage that, IIRC, NC still requires title to be closed by a licensed lawyer, so he or she will have a better grasp on what needs to be done to deliver good title. But, to be sure, you might want to retain a good NC real estate lawyer to order a title abstract and determine whether title is already insurable on sale.

If the three of you decide not to sell, do not read the above paragraph as suggesting that you don't need to correct title. Leaving a cloud on title pending an immediately intended sale is economical. Leaving a cloud on title for a generation is definitely not economical.

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