QUESTION
If the power of attorney expires when my father passed away, who is to sign the quick claim deed to transfer my father’s home ownership and title?
Asked on Jan 12th, 2013 on Estate Planning - Florida
30 ANSWERS
Real Property Attorney serving Utica, MI
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Douglas A. Tull, P.C. Attorney at Law
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The only person who can do so is the "Personal Representative" appointed in a probate proceeding for the father.
Answered on Jan 18th, 2013 at 5:26 AM
Shadi Ala'i AlaiShaffer
No one. PROBATE COURT now can only do this for you. It is now referred to as dying without a Will or Trust. You need to hire an attorney and open up a Probate Administration in order to ultimately get the home sold and transferred to his legal heirs. (This is why people need a Revocable Living Trust to transfer the title of the home to their heirs without the courts).
Answered on Jan 16th, 2013 at 7:41 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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His personal representative. Open probate. And don't use a Quit Claim deed, use a Bargain and Sale Deed (usually, in this context, headed "personal representative's deed").
Answered on Jan 16th, 2013 at 7:39 PM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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The document you are referring to is a "quitclaim" deed; there is no such thing as a "quickclaim" deed. In order to have the authority to sell the house of someone who is deceased, there needs to be an administrator of your father's estate appointed in a probate proceeding. This requires the filing of a probate case in order to obtain the right to administer the property and transfer it to other individuals that inherit from the estate.
Answered on Jan 16th, 2013 at 7:32 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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The personal representative of his estate, who will be appointed by the probate court.
Answered on Jan 16th, 2013 at 7:20 PM
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Only a living individual or their Power of Attorney can execute a quit claim deed. Upon death, the administrator/executor of the estate assumes control of the assets.
Answered on Jan 16th, 2013 at 7:20 PM
Trusts & Estates Attorney serving Berkeley, CA
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Law Office of Scott Pesetsky
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If the deed does not say who owns it next, you may need a judge's signature. that requires probate.
Answered on Jan 16th, 2013 at 7:16 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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More information is needed to answer your question. WHAT Quit Claim Deed are you referring to? The one that your father should have already had his attorney prepare? Or the Personal Representative Deed that the Personal Representative would need to sign once an estate is open? It sounds like your father has been possibly trying to do his estate planning on his own or on the cheap. If that is the case, then he needs to meet with an estate planning attorney as soon as possible.
Answered on Jan 16th, 2013 at 7:14 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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A probate estate must be opened and a personal representative appointed who will have the power and authority conferred uypon him or her by the court to sign the deed over to another party.
Answered on Jan 16th, 2013 at 7:10 PM
Business Transactions Attorney serving Los Angeles, CA
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Doland & Fraade
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If the beneficiary was a joint tenant, then a notice of death of joint tenant would probably suffice. If the beneficiary was a tenant in common, or if title was only in the deceased, then a probate would be required to transfer title.
Answered on Jan 15th, 2013 at 2:18 PM
You will need to open a probate decedent's estate for your father. The person named as the personal representative for the estate will have the authority to transfer title to the property and administer any other assets he may have had.
Answered on Jan 15th, 2013 at 2:17 PM
Administrative Law Attorney serving Sherwood, OR
Partner at
Employment Law Professionals Northwest LLC
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If there is a will, the executor will handle all the transactions. If there is no will then the estate will have to be processed through the court in probate. The court will authorize the transfer of the property. If your father died without a will then you will need to probate the estate. You should consult an attorney who will advise you on what information you need to collect to process the case.
Answered on Jan 15th, 2013 at 2:16 PM
Estate Planning Attorney serving Marquette, MI
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The Wideman Law Center, P.C.
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If there is no other owner on the deed, it will need to go to Probate and the Personal Representative of his estate will sign the deed. Hope this is helpful.
Answered on Jan 15th, 2013 at 2:16 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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His personal representative would have to sign a personal representative's deed. If there is a will, the person nominated in the will should take the will to court and start a probate case. If there is no will, then his wife, children, parents, or creditors may petition the court to start a probate case.
Answered on Jan 15th, 2013 at 2:16 PM
Trusts and Estates Attorney serving Troy, MI
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Barron, Rosenberg, Mayoras & Mayoras, P.C.
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No one has the authority unless you go through probate and obtain letters of authority.
Answered on Jan 15th, 2013 at 2:15 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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If the home was in a living trust, then the trustee can sign the deed. If there was no living trust, then your father's estate must pass through probate. The court-appointed administrator of the estate (which could be you, if you ask for the appointment) will have the power to sign a deed in favor of whoever is to receive the property in question. I suggest you contact a probate attorney for assistance in this matter.
Answered on Jan 15th, 2013 at 2:15 PM
You need to open a probate matter in the county where your father lived.
Answered on Jan 15th, 2013 at 2:14 PM
Elder Law Attorney serving Auburn Hills, MI
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Byers & Goulding, P.L.C.
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The personal representative of his estate. The personal representative needs to be appointed by the probate court.
Answered on Jan 15th, 2013 at 2:14 PM
If he did not have an estate plan to direct a non-probate transfer of his home (e.g. a living trust or a beneficiary deed), then a probate may need to be opened in order to transfer his property to his legal beneficiaries. I recommend you consult with an attorney about this process.
Answered on Jan 15th, 2013 at 2:14 PM
The executor or personal representative of the estate handles all of the transfers and distribution of the estate's assets.
Answered on Jan 15th, 2013 at 2:14 PM
Tax Attorney serving Portland, OR
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Bullivant Houser Bailey PC
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The personal representative of his probate estate (or if the value of all his assets is small enough the person who submits a small estate affidavit).
Answered on Jan 15th, 2013 at 2:13 PM
The property must be probated through either a small estate or regular probate petition. You should consult a probate attorney to review all of the facts and advise you how to proceed.
Answered on Jan 15th, 2013 at 2:13 PM
Elder Law Attorney serving Savannah, GA
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Elder Law Office of Mark Schaefer PC
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Only a personal representative appointed by the probate court (Administrator if there is no will; Executor if there is a will) can sign a deed after the owner dies.
Answered on Jan 15th, 2013 at 2:11 PM
The personal representative in the either the probate estate or on a small estate affidavit signs the deed.
Answered on Jan 15th, 2013 at 2:11 PM
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If the property is only held in your father's name and be is deceased, it must go through probate. The probate Court will then issue an order transferring title or an Executor's or Administrator's deed is signed by the personal representative once the same is ordered by the court.
Answered on Jan 15th, 2013 at 2:09 PM
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Generally speaking, depending upon how title is held, it will either be the surviving joint tenant or the property will have to go through the court process called probate.
Answered on Jan 15th, 2013 at 2:08 PM
Federal Taxation Attorney serving Livonia, MI
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Gold & Associates PC
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You may need a quit claim or warranty deed. But how it is transferred depends how the property was held. If just in his name it will have to go through probate.
Answered on Jan 15th, 2013 at 2:07 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will most probably have to open an estate and the personal representative will have the authority, with the permission and supervision of the Court, to wind up your father's affairs.
Answered on Jan 15th, 2013 at 2:00 PM
General Civil Trial Practice Attorney serving Oklahoma City, OK
Partner at
Denker & Associates, PLLC
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If your father owned real estate at the time of his death in his name only, it will be necessary to file a probate of his estate. Once the probate court has appointed a personal representative for the estate, the personal representative will be able to sale and transfer the property, subject to approval by the probate court.
Answered on Jan 15th, 2013 at 2:00 PM
Probate & Trust Attorney serving Seminole, FL
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Law Offices of Phillip Day, P.L.
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Since the POA expires at the time of your father's death, his estate will control the transfer of any property that is deemed to be in his estate. If the property was titled in the name of his trust prior to death, the Trustee would now have the power to transfer title post death. If the property is still in his name at the time of his death, the property will go thru a probate proceeding and the judge will issue a letter of administration appointing the personal representative who at that time will administer the estate and deal with the distribution of assets as well as any homestead issues that arise. It would be advisable to contact a probate attorney to discuss the options you may or may not have at this time.
Answered on Jan 15th, 2013 at 1:57 PM