Q: Can signing a quitclaim deed help stepmother sell house without probate in Georgia?
My father passed away and owned a house in Georgia, with his name as the only one on the deed. He was married to my stepmother, and his will states that she should receive the house. My stepmother's real estate attorney sent me a quitclaim deed to sign so she can sell the house without going through probate. I have no interest in the sale's proceeds and agree she should receive everything. The will has not been submitted to avoid probate, and there are no claims or contests against the estate. Is signing this quitclaim deed a valid method for relinquishing any interest I might have and allowing her to sell the house quickly without probate involvement?
A: A quitclaim deed transfers any ownership interest you may have in the property to your stepmother without making any warranties of title. Quitclaim deeds are used to show all others that you relinquish any interest you may have. It is common to give quitclaim deeds in probate cases when everyone is in agreement regarding the property.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
It’s understandable that you want to avoid the lengthy probate process and allow your stepmother to sell the house. Signing a quitclaim deed can be one way to relinquish any claim to the property, but there are a few important things to consider. A quitclaim deed transfers your interest in the property to another party, but it does not address the legal ownership transfer process after someone passes away. Since your father’s name was the only one on the deed, this creates potential complications regarding the transfer of ownership.
Even though the will states that your stepmother should receive the house, the property still needs to go through probate in Georgia unless it was explicitly transferred outside of probate, like with a transfer-on-death deed or joint ownership. Without probate, it may be difficult to properly transfer the property’s title, even if you sign a quitclaim deed.
To ensure everything is handled legally, it’s a good idea to consult with an attorney before signing anything. They can help clarify whether signing the quitclaim deed is the best way to proceed and ensure the house can be sold without issues. You want to be sure that your rights and your father's estate are being properly handled, and an attorney can guide you through the process to make sure everything is in order.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
