Q: My parents have died. What do I need to do to transfer the title to their house?

A: It depends on how the title to their house was held at the time that they died. If the house was held in joint tenancy and you are one of the joint tenants then you need to file an affidavit of death of a joint tenant with the County record's office. That will clear your parent's name off the title and leave you as the owner of the home.

If the house was titled in the name of the revocable living trust then the trustee is responsible for conveying the title to whoever is supposed to receive the home under the trust. If the title to the house was not held in the name of the trust but the house is listed in the trust's schedule of trust assets then you may still be able to avoid probate by having the trustee file a Heggstead petition with the probate court. This will bring the house back into the trust and avoid the need for a probate.

If the house was held in the name of your mother or father or both of them then you will need to go through probate. The only way to get a clear title to the house under this situation is to receive an order from the probate Court transferring the house to the new rightful owner.