Q: Is an administrator’s deed needed?
A family member passed away without a will leaving his wife and adult children. His name was on the deed for their home. His wife applied for and received letters of administration. Does she need to use an administrator’s deed to transfer the property to herself? If she does, would she only have to pay the taxes for the transfer?
A: Yes. An Administrator’s Deed is the correct instrument for the transfer. Transfer taxes may not be required If there is no consideration for the transfer. However, if the property has a mortgage, relief of the mortgage obligation is consideration.
A: Yes, she needs an administrator's deed. However, the kids are also heirs and should sign the deed to clear title. There is a fee to file the deed but no transfer taxes.
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