Understanding Ownership When a Deceased Parent Was the Sole Owner of Real Estate
When a parent dies leaving real estate in their name alone, you must follow specific steps under New Hampshire law to determine who now owns the property. You will review recorded documents, check for a will, and potentially use probate or a summary proceeding to transfer title into the current owner’s name.
Step 1: Examine the Deed at the County Registry of Deeds
Start by obtaining a certified copy of the recorded deed. Visit the county’s Registry of Deeds or access its online database. This confirms the decedent was sole owner and reveals any liens or mortgages.
Step 2: Check for a Valid Last Will
If your parent left a will, the document typically directs how to distribute real property. File the will with the Probate Court in the county where they lived. The court’s order admitting the will to probate determines ownership under that document.
Step 3: Use Probate or a Summary Proceeding
If the decedent owned other assets or debts exist, you generally open a formal probate estate. If the estate has no unpaid liabilities and only real estate remains, you may pursue a summary proceeding under RSA 556:5. In this streamlined process, the court issues an order declaring the heirs and directing the registry to transfer title.
Step 4: Intestate Succession Rules
If no will exists, New Hampshire’s intestacy law governs. Under RSA 561:1, the surviving spouse and children normally share the estate. The summary proceeding or formal probate court order will name each heir and their respective share.
Step 5: Record the New Deed
After the court issues an order declaring the heirs and their interests, prepare a new deed reflecting the transfer. File it at the same Registry of Deeds under the recording requirements of RSA 554:25. Once recorded, the heirs hold clear legal title.
Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific circumstances.
Helpful Hints
- Request multiple certified copies of the death certificate for your filings.
- Keep a checklist of documents: death certificate, will (if any), court orders, and new deed.
- Check deadlines for filing probate or summary proceedings in your county Probate Court.
- Review county Probate Court websites for local forms and fee schedules.
- Consider consulting a probate attorney if the estate has disputes, unpaid debts, or multiple heirs.