Changing deed of deceased parents' real property. I am executor of both parents via wills , however only filed Probate for father who most r...

Question

Changing deed of deceased parents' real property. I am executor of both parents via wills , however only filed Probate for father who most recently passed, because deed was in both parents' names (married) and assumed title would automatically pass upon death of mother (2 yrs prior) and set forth in mother's will to pass interest to father. Property is in Ga. Need to file probate for mother's will in order to change deed? This real estate is the only item that would be considered in mother's estate. Executor and siblings are heirs per wills.

Answer

Maybe yes. Maybe no. It depends on the exact wording of the deed. You've been negligent in the first step any executor should do before starting probate (getting a lawyer). Get one now. You need one. If you're lucky, the title did pass and the lawyer can do an assent (you do not do a deed) to devise. If not, you need to complete one more probate.

Answer

I agree with Attorney Ashman in general but there is a simple way to know if title to the land passed to your father or not. Get a copy of the deed and read it. How was the property titled? Who is listed as grantees?

if the land was owned by your parents as joint tenants with a right of survivorship then the land automatically passed to your father upon the death of your mother (assuming they lived in Georgia and the real property in question is in Georgia). However, if your parents owned the land as tenants in common or as joint tenants (if each had a 50/50 share) but there is no language creating a right of survivorship, then upon the death of your mother, her 1/2 share of the land would not automatically pass to your father. Instead, you would have to review her will to see where her 1/2 of the land went.

You also do not indicate what other assets were owned by your mother if any. An estate may need probated for her depending on what she owned.

I suggest that you take both wills to a probate attorney who practices in the county/state where your parents lived at the time of their respective deaths and pay the lawyer to review the deed and wills and advise you as to whether probate of your mother's will is necessary at this juncture.