Survivorship

• Sometimes, no paperwork is necessary to carry out a deed transfer after the owner's death. Joint tenancy allows to individuals to co-own the same piece of property. When one of the joint tenants dies, the surviving joint tenant automatically becomes the sole owner of the property. No additional paperwork is necessary to carry out the transfer to the surviving joint tenant, so the deed remains unchanged.
  
  

Probate

• If the owner of the property was not a joint tenant, then probate will generally be necessary to move the deed from the deceased person's name to the name of a new owner. Probate is the legal term that designates the state court procedure for distributing a deceased person's property. If the deceased person had a will, that will governs the probate process. If the deceased did not have a will, state law governs the probate process.
  
  

Executor Deed

• The person who actually carries out probate is the estate Executor. The estate executor has authority to distribute all of the deceased person's property, including deeds to real estate. To do so, the Executor prepares a deed to the new owner, and the Executor signs that deed on behalf of the deceased property owner. A deed from an Executor has the same legal effect as a deed that would have been signed by the deceased property.
  
  

Living Trust

• Property owners increasingly prepare comprehensive estate plans that involve a living trust. A living trust is a legal relationship that takes effect before a person dies, and remains effective even after the person dies. Property held by a living trust remains with the living trust even after the trust creator passes away. The property will remain titled in the name of the trustee until the trustee signs a new according to the terms of the trust agreement. The trustee acts in a manner similar to an Executor in probate, except a trust does not involve judicial oversight or a court action like probate does.