How a Deed is changed in regards to the owners who are listed on it depends upon the language contained within the Deed itself. Of relevance is whether or not the Deed contains language that describes a Joint Tenancy with Right of Survivorship.
If the Deed is worded as a “Joint Tenancy with Right of Survivorship”, the living property owner would file a “proof of death” form (or other similar document as required by local rules) with the Recorder in the county the property sits. Such a document would be available from the Recorder. Once the “proof of death” is executed properly, the property’s Deed would list only the name of the living person after processing. After that portion is complete, a Quitclaim Deed could be used to create a new Deed listing any persons who are to be added to the Deed. See complete details on affordable do-it-yourself Quitclaim Deeds legal forms software.
If the Deed is NOT a “Joint Tenancy with Right of Survivorship”, then a probate case must be opened to remove the deceased person’s name from the current deed (i.e. to permit the probate court to issue an order transferring the property, since the deceased is no longer able to sign a deed transferring the land). While it is not required, if you need the help of an attorney to submit such a case to Probate, you can find a local attorney for FREE at Standard Legal’s Attorney Find page.