How long does a Quit Claim take if a person is taking their name off and gives the other person the property?

Question

A relative whose name is on the house with a recently deceased family member is Quit Claiming that house left to her to another relative of mine, because she does not want the house and What I want to know is how long this process takes--to Quit Claim the house to this other relative? There are no mortgages or liens against the house, as it has been paid off for many years.

Answer 1

I dealt with this kind of thing with my home. It can take up to two years...no joke. I just received the quit claim on my previous house and I haven't lived there for almost two years. I called the bank and also spoke to a real-estate lawyer. They both told me that it takes up to two years for the process to be complete. Maybe you'll get lucky and it will go faster for you.

Answer 2

A quit claim is an instant transfer of ownership when signed and notarized. In many states it is not considered "valid" until it is recorded at the county recorders office usually located at the county courthouse. Once the quit claim is recorded, it's a done deal.

A quit claim deed is just that, the person is only quitting their claim to the property and "giving" it to the assigned person on the deed. There may be liens or incumberances that are unknown so a title search (abstract of title) would be a good investment (a couple hundred bucks).

It is not like a warranty deed where the owner warrants and guarantees the full title and transfer of ownership and is legally bound to defend the transfer against liens and other known or unknown claims.

Mike

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Answer 3

I may be mistaken, but I believe that a quit claim deed isn't for "transferring ownership" to another person. It's for taking somebody "off" of ownership.

Relatives 1 and 2 own a house. Relative 1 dies. House now belongs to relative 2, who wants to give/sell/convey the house to relative 3? If that is correct, a quit claim won't do. 2 needs to sell to 3.
or
Relatives 1, 2 and 3 own a house. 1 dies and 2 quit claims. Now 3 owns the house alone.
or (how complicated can this get?)
Relative 1 owns a house. Dies and leaves house to 2 and 3. 2 quit claims, leaving the house to 3 alone.

If 3 was never on title, I think a sale is needed.

Answer 4

It takes only a couple of hours. The quit claim is a fairly easy document to fill out and sign in front of a notary public. Then it is a matter of walking it in to the local County Clerk and Recorders office with the cash, usually under $20.00, and asking them to record the document. Whether or not it will be a legal transaction remains to be seen. There are many documents recorded that are not enforceable. You don't say how the deseased and the relative have taken title. Was it in a trust? Joint Tenancy with the Right of Survivorship? Was there a will? It is possible that if these affairs are not in order, the Quit Claim could be called into question at some time in the future and declared null and void. It is a simple enough matter to probate this property, especially if there is a will. I have seen some horrible messes made by people trying to take care of things themselves to save money, only to spend much more later fixing it, or leaving their heirs with it.

Answer 5

The decedent's estate should go through Probate. There is probably an attorney involved. Once the property is settled from the estate, the attorney could draw up a QCD in a day and have it filed. I'd guess total cost about $200.

I don't charge much for simple Quit Claim Deeds. I charge more for fixing what people have screwed up by using forms they downloaded from the Internet.

Answer 6

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Answer 7

I would think that it depends in what county you live in...
But I would assume that it should take a couple weeks...
Contact your county's recorder, they should be able to inform you.