Property owned by deceased individuals must be probated, unless documentation was filed prior to a property owner’s death effecting an automatic transfer (i.e. joint tenancy, transfer on death, living trust, etc.).
The Probate Court will assign an estate administrator who may transfer property ownership with a new deed upon completion of the court process. Please be aware that the County Clerk’s office is forbidden from providing any kind of legal advice, including advising on probate avoidance or the drafting of any legal documents.
When a mortgage or other financial obligation associated with real property is fully paid, a lender will record a “release” or “satisfaction” document with our office, which will then be sent to the borrower. Property owners may purchase copies of the release from our office.
Conversely, the deed, a.k.a. title, is usually transferred to the new owner upon acquisition of the property, even when the purchase is being financed.
