If a deed is signed and notarized by all parties but has not been filed with the court and the person whose name is now on the deed passes away, what are the rights of the family?

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If a deed is signed and notarized by all parties but has not been filed with the court and the person whose name is now on the deed passes away, what are the rights of the family?

Asked on September 11, 2014 under Estate Planning, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss. While deeds should almost always be recorded as soon as possible (so that ownership is readily apparent), a deed can still be valid with out being recorded. If it is purchaser who passed away (which is how it sounds) then their estate has ownership.  Good luck.

 

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