how to transfer a title after someone dies.

When a person dies, their property is passed on to others in two ways:  either through a Last Will and Testament, or by Intestacy.  If there is a Will, the person named in the Will must probate the estate in a special court (Surrogate's Court) and be named the Executor of the Estate.  Then, the Executor gathers the assets of the Estate, pays the debts of the Estate (i.e. the debts of the person that died), and then distributes the assets just as the Will provides. If the person died without a Will, he died Intestate.  In that case, a relative goes to court and is named the Admistrator of the Estate.  He gathers the assests, pays the debts and distributes the assets as provided in the law.  There are special rules describing just who can inherit when someone dies without a Will.  Just because your friend wants his grandfather's property does not mean that he is entitled to it.  For example, if the grandfather died intestate and left a wife and child (the friends parent), then the grandson is not entitled to anything.  Likewise, if there is a Will that does not include the grandson, then he is entitled to nothing. Therefore, the first question that must be answered by your friend is "Was there a Will?"  Ultimately, if your friend is entitled to the property (assuming it is real estate), the Executor or Administrator (as the representative of the Estate) would sign a deed to the property.  It may time some time and effort to complete this whole process, and an estate attorney can help him guide the way.

When a decedent dies owning real estate, to transfer title to that property an individual needs to be appointed by the surrogate court to act as either the executor of the estate if there was a will or an administrator of the estate if there was no will. You can visit the surrogate court in the county where he resided and they will provide you with the necessary forms needed to accomplish this.

If his grandfather died with a will, the will should designate who is the executor of his estate.  If he died without a will, someone, usually a family member must go into the local Surrogates Court or court with jurisdiction over estates, and apply for letters of administration to become the executor of the estate.  The executor must then distribute the estate assets in accordance with state law.

If a person wishes to transfer title to property after someone passes away, first it must be clear whether or not the party had a Last Will and Testament.  If they did, then the Will must be submitted for probate and then the title transferred in accordance with the Will.  If the person did not have a Will, then New York State's laws determines who is entitled to the property and then the deed can be transferred in that manner. If you would like to discuss this matter further, or schedule a free consultation, please feel free to contact me at 4516-967-6272.  I have offices in Forest Hills and Coram. Mark E. Cohen, Esq.