When inheriting title to real property from an estate, does the probate court's certificate of transfer need to be recorded with the recorder/auditor before any quitclaim deeds releasing interest can be recorded?
Three siblings inherited the interest, two of them will quitclaim interest to the third, and will need a prior instrument reference for the deed. Is the prior instrument the transfer certificate, or is that why it would need to be recorded first-- so there *is* a prior instrument?
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A: If you already have the certificate of transfer, then yes you would record the certificate of transfer and then have those parties not interested in the property quitclaim their interest. However, if the certificate of transfer has not been obtained yet, you should have those persons not interested in keeping the property disclaim their interest through the probate court. The probate court would then issue a certificate of transfer to only those persons interested in keeping their interest in the property. Beneficiaries and heirs take the property subject to liens. To have title transferred to a person only to then quitclaim the real property may cause tax or other liabilities that can be avoided.
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