What is the relationship between quit claim deeds and probate?

Answer by  Dean (4035)

A Quit Claim is signed by an individual to relinquish whatever interest he or she had or has in a property. A Quit Claim may become an issue in an estate that is being probated if the individual no longer has interest in a property, but his/her name on the deed is holding up the probate process.

Answer by  Stan567 (417)

A quit claim deed is a deed signing over an interest in a property. Probate is a process by which ownership interest in passed on after death. Assuming that a property is validly "quit claimed" to someone, it does not need to go through probate to establish ownership.

Answer by  Dean (4035)

A quit claim deed is a simple document uses to terminate his interest in a property. The quit claim deed could be an issue in a case in probate court.

Answer by  tamarawilhite (17883)

Quit claim deeds give up the right to a property. If someone signs a quit claim deed, then the property belongs to the person they gave it away to. That property is not part of their estate to probate. Any property quit-claimed to family while alive is not probated, either.

Answer by  jeroboam (185)

Quitclaim deeds convey whatever title to land the signer has without a guarantee that the signer has any title and without recourse in any subsequent litigation. If someone holds a fractional interest in real property that was obtained by inheritance, that person may simply choose to accept a small payment in exchange for a quitclaim deed conveying away that interest.