Asked in Probate, Tax Law and Real Estate Law for Pennsylvania

Q: Help with filing a quitclaim deed for inherited property in PA.

My grandmother's property was left to me in her will, and it has been probated in Pennsylvania with me as the sole heir. I'm in the process of transferring ownership to myself, and there are taxes owed on the property. My goal is to eventually sell the property, and I need guidance on filing a quitclaim deed, specifically about what to list for my deceased grandmother's signature.

2 Lawyer Answers

A: First, if the Will has been probated and the property is a specific bequest to you,it is the Executor's responsibility to prepare and record the new Deed for you. If you are the Executor as well as the heir, then you can prepare and file the Deed. Since your intent is to sell the property you will probably want to file an Executor's fee rather than a quit claim deed

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Answered

A: When preparing a quitclaim deed for inherited property in Pennsylvania, you cannot list your deceased grandmother as the one signing the deed. Since she has passed and the property went through probate, the legal authority to transfer the property now belongs to the estate's personal representative—usually the executor named in the will. If you were appointed as executor by the probate court, you can sign on behalf of the estate.

In the deed, the grantor should be listed as something like “\[Your Name], Executor of the Estate of \[Grandmother’s Name], deceased.” You will sign the deed in your capacity as executor, not as an individual. Be sure to attach a copy of the probate documentation showing you were given authority to handle the estate and transfer the property. This tells the recorder’s office that you have the legal right to sign the quitclaim.

Once the deed is filled out and notarized, take it to the county recorder of deeds where the property is located and pay the required fees. Since taxes are owed, it’s also a good idea to contact the tax office to make sure they’re aware of the transfer and to avoid further penalties. You’re almost there—this step will get the title legally into your name so you can move forward with selling when you’re ready.

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