Does a Signed Quitclaim Deed Override a Different Distribution Outlined in a Last Will?

In most cases, a valid and signed Quitclaim Deed transferring property to a person other than the decedent “trumps” or supersedes the provisions of the decedent’s Last Will and Testament.

The deed transfers title to the real property out of the name of the decedent and, as such the property is not included in the decedent’s probate estate.

The issue of whether an unfiled but properly signed deed “trumps” a probated Will is a more difficult question — and a “general rule of thumb” on this issue may not be applicable in all states and all circumstances — and is one which should be addressed by a qualified attorney in a client relationship.

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