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What to do with house deeds when one partner dies?

If the surviving spouse wishes to remove the deceased spouse's name from the property so that the property is listed under the sole name of the surviving owner, an official death certificate must be sent to the Land Registry. The surviving owner must fill-in form DJP.

What is the warranty clause in a deed?

A warranty deed protects the buyer and ensures that the seller holds a free and clear title to a property without any outstanding liens or mortgages. A warranty deed is a legal real estate document and protects the buyer against future claims to the title of the property.

How do you transfer a house after death in Alabama?

The process for transferring Alabama real estate by deed involves several steps: Find the most recent deed to the property. ... Create the new deed. ... Sign and notarize the deed. ... Record the signed, notarized original deed with the Office of the Judge of Probate.

How do I transfer a deed after death in Alabama?

The process for transferring Alabama real estate by deed involves several steps: Find the most recent deed to the property. ... Create the new deed. ... Sign and notarize the deed. ... Record the signed, notarized original deed with the Office of the Judge of Probate.

What is a warranty deed in Alabama?

The Alabama warranty deed is a form of deed that provides an unlimited warranty of title. It makes an absolute guarantee that the current owner has good title to the property. The warranty is not limited to the time that the current owner owned the property.

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Who benefits the most from a warranty deed?

The buyer, or grantee, of a property benefits the most from obtaining a warranty deed. Through the recording of a warranty deed, the seller is providing assurances to the buyer should anything unexpected happen.

How do I remove a deceased spouse from my deed in Alabama?

Create a Survivorship Affidavit to Remove a Deceased Owner A survivorship affidavit (sometimes called an affidavit of death or affidavit of continuous marriage) is a legal document used to remove a deceased owner from title to property by recording evidence of the deceased owner's death in the land records.

How do I get a copy of my deed in Alabama?

Deeds are usually recorded by the property owner, real estate agent, or closing attorney in the Mobile County Probate Court records department. If your deed was recorded, you may purchase a copy. For more information you can call the records department of the Mobile County Probate Court at 251-574-6000.

Does Alabama allow transfer on death deeds?

An Alabama Transfer on Death Deed is a formal document that allows any property owner to transfer their possessions to the person named in writing without the latter going through the probate process.

Is a transfer on death deed legal in Alabama?

Alabama does not allow real estate to be transferred with transfer-on-death deeds.

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What to do with house deeds when one partner dies?

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