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England & Wales


It depends on the circumstances. You mention from whom the title is being transferred, but not to whom. If it is being transferred to the beneficiaries under the will, then usually an Assent is needed. However if they plan to sell the property, it might be advantageous to use a Transfer Deed. Some situations are also affected by Capital Gains Tax, which might make it preferable for the property NOT to be held by the beneficiaries before being sold on. Because an incorrect decision at this stage could end up costing thousands of pounds, it is sensible to seek the advice of your probate lawyer and your conveyancer.

My answer relates to the law in England or Wales, and in other jurisdictions it could be different, however it is almost always best to take advice from a SPECIALIST lawyer (not a general practitioner) before making decisions.



United States


When a person dies owning real estate their estate must be probated in order for the executor or the beneficiaries to acquire legal title to the property. Once the Will has been allowed and the executor has been appointed by the court there are several ways the title to the property can be transferred (depending on the circumstances) including the following:


  • Probate records are a public record and if the beneficiaries desire to keep the property their source of title would be in the probate records. In most circumstances they do not need to have a new deed drafted. However, if they do want a deed in their names, the attorney who is handling the estate can draft a proper deed and record it in the land records.
  • Sometimes the authority to sell real estate is set forth in the Will. In that case the executor can execute a deed that transfers the property to the new owner.
  • If the power of sale is not set forth in the Will the executor must obtain a license to sell from the court.

Deeds should always be drafted by a professional. Errors made by non-professionals can be costly to correct if they can be corrected.

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Q: What deed form would you need to transfer titles from deceased parents?
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