I have a quit claim deed form and a transfer on death document that was signed and notarized by my mom before she passed away. The latter was done because the first was lost. It was done as a precaution because she didn't have a will. She passed away 2 years ago. I couldn't find the documents so I did nothing, but I have found them recently. Can i use either of these documents to transfer the deed or do I still need to go to probate court? Thanks.
1 Answer from Attorneys
Generally speaking, a deed is effective to transfer a real estate interest upon signing and delivery to the grantee. It is not necessary to record it to make the transfer complete, but that step is always done to put the whole world on notice of the sale/gift of the property. It should not matter that 2 years have passed since mother signed the deed, if it meets all other legal requirements to be effective.
Is her signature notarized on the deed, as well as the other document? Does it accurately describe the property? Is the grantee fully identified and capable of taking the property? Was she mentally competent at the time of the signing of the deed?
I am unsure what you are referencing as a "transfer on death document," but if it was intended to be a part of the deed (as in an attached exhibit or something), it will have to comply with laws regarding substance and formatting, as well.
You would be wise to have your documents reviewed by a real estate attorney in Las Vegas to ensure they are acceptable for recording before going forward. It should not cost more than a couple hundred dollars for such a quick review, and it could save a whole lot of money that would become necessary if someone objects and contests the deed. Good luck to you!