If a property’s Deed includes the names of persons who are no longer living, and assuming that there are no rights of survivorship language listed within the current deed, a Probate Estate may need to be opened with the local probate court.
Even if a Last Will and Testament transfers interest of the deceased Grantor to the remaining persons named on the Deed per his or her Last Will, probating the estate is required.
Only after that Probate Estate is completed can the living Grantors execute a new Quitclaim Deed transferring the property to the intended Grantees.