Legal question: removing deceased person from deed.

Parties were N.J. domestic partners. If both parties are still on the deed, senior tax freeze benefit will divide between single owner and deceased's estate.

Does this require a new deed or just present death certificate to the registrar's office?

Not sure if this helps - but this is the ChatGPT response:

In order to remove a deceased person from a property deed, you typically need to go through a formal legal process, which may involve creating a new deed or amending the existing deed. Simply presenting a death certificate to the registrar's office is usually not sufficient to remove the deceased person from the deed.

Here are the general steps involved in removing a deceased person from a property deed:

1. Obtain a certified copy of the death certificate: You should start by obtaining an official death certificate for the deceased person. This document will be needed to prove the person's passing to relevant authorities.
2. Review the property's title: You should review the current deed to understand how the property is titled. The title may be in the name of the deceased person alone or jointly with someone else.
3. Determine the ownership structure: If the property was owned jointly with rights of survivorship, the property may automatically pass to the surviving owner(s) upon the death of one co-owner. In this case, you may not need to remove the deceased person from the deed, as the ownership may automatically transfer.
4. Consult with an attorney: It is advisable to consult with a real estate attorney or legal expert who can guide you through the specific requirements and procedures for your jurisdiction. The attorney can help you prepare the necessary legal documents to remove the deceased person from the deed.
5. Prepare a new deed or deed amendment: Depending on your circumstances and the advice of your attorney, you may need to prepare a new deed or an amendment to the existing deed. This document will typically need to be signed by the surviving owner(s) and possibly by the personal representative or executor of the deceased person's estate.
6. Record the deed: Once the new deed or amendment is prepared and signed, it needs to be recorded with the local county recorder's office or registrar's office. Recording the deed makes the change in ownership official.
7. Update property records: After the deed has been recorded, it's important to update property records with the new ownership information. This may include notifying the local tax assessor's office and any relevant government agencies.

The exact process for removing a deceased person from a property deed can vary depending on state and local laws, so it's essential to consult with a legal professional who is familiar with the requirements in your jurisdiction. This ensures that the process is completed correctly and in compliance with all applicable regulations.

Formerlyjerseyjack said:

Parties were N.J. domestic partners. If both parties are still on the deed, senior tax freeze benefit will divide between single owner and deceased's estate.

Does this require a new deed or just present death certificate to the registrar's office?

Income qualification for the senior freeze is based on the combined income of all household members, whether or not their name(s) appear on the deed.  Presumably, the deceased household member has no income.  Thus, name(s) on the deed would not impact qualification for senior freeze program.

If there are other reasons to get the name(s) changed on the deed to the property, I would suggest asking the town clerk of the municipality in which the property is located what documentation is needed to update the owner(s) of record.

joan_crystal said:

Income qualification for the senior freeze is based on the combined income of all household members, whether or not their name(s) appear on the deed.  Presumably, the deceased household member has no income.  Thus, name(s) on the deed would not impact qualification for senior freeze program.

If there are other reasons to get the name(s) changed on the deed to the property, I would suggest asking the town clerk of the municipality in which the property is located what documentation is needed to update the owner(s) of record.

Town tax office is where I was told the deed needs to be changed.

Formerlyjerseyjack said:

Town tax office is where I was told the deed needs to be changed.

Talk to the Town Clerk.

OK. Thanks