• Quitclaim deed in probate.
  
  

Types

• The two most common types of real estate deeds are warranty deeds and quitclaim deeds. A warranty deed is favored because it warrants, or guarantees, that the real estate being transferred from one owner to another is free and clear of any title defects or liens. On the other hand, a quitclaim deed makes no such warrant or guarantee; there is no legal assurance that the property is transferred free of defects or liens.
  
  

Benefits

• The primary benefit associated with using a quitclaim deed to pass real estate to an heir is that the conveyance of ownership is accomplished quickly. With a warranty deed, a title search needs to be undertaken to ensure that there is no blemish on the title--no liens or other encumbrances--and a title search can take up to 30 days to complete.
  
  

Joint Ownership

• A quitclaim deed is commonly used to pass real estate to an heir when a piece of real estate is owned jointly. For example, if a husband and wife own residential property and the wife dies, the real estate automatically becomes fully owned by the surviving husband. However, following the death of the wife, the deed on file with the county will list both the husband and wife as the owners of the real estate. In such a situation, a quitclaim deed is executed by the representative of the wife's estate, vesting full ownership in the husband.
  
  

Probate Court

• If a person dies and leaves an heir to real estate in his will, the probate court will be involved in transferring the property to that heir. The executor of the estate will request that the court approve the transfer of real estate as designated in the will. Upon court approval, an executor can elect to use a quitclaim deed to pass the property to the heir. A quitclaim deed is most likely to be used if the heir is a family member.
  
  

Warning

• Although using a quitclaim deed to pass real estate to heirs is relatively simple, issues surrounding property and estates can be complicated. It's often a good idea to engage the services of a qualified and experience probate (or real estate) attorney to assist with these matters. Local and state bar associations maintain lists of lawyers that practice in specific areas of the law. Although these organizations cannot make specific recommendations, they do provide general information about probate or real estate lawyers.