Lawton, OK asked in Real Estate Law and Probate for North Carolina

Q: How to remove deceased dad's name from deed if I'm the only heir and tenants in common with my dad, without probate

The remaining asset is a life insurance policy $1,000 with no named beneficiary. Funeral expenses were paid for by myself. The death certificate is pending. I don't reside in the state. My grandmother is probably going to file for executor of the estate as she mentioned having to sale land to settle the estate. I want to avoid probate, I don't care about the life insurance policy and I do not want to have to sale anything

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Probate Lawyer
  • Knoxville, TN

A: You could hire a NC attorney to search the title and determine heirship. Then draft and record an Affidavit of Heirship as the heirs' source of title. If Probate occurs, the real property is not part of the Estate unless the administrator tries to force a sale of it to pay creditors. That AH will at least slow down any forced sale for creditors. However there may already be liens of various types.

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