Step 1 of 6 16% Free Deed Form Analysis Do you have questions about what type of deed is right for you? Get answers with our free, no-obligation analysis. If you need to transfer property, you may be confused about what type of deed is the right one for your situation. The answer depends on a number of factors, including: State-Specific Laws and Requirements. Every state has different requirements for transferring real estate. These requirements determine which deed forms and planning strategies are available, as well as the state-specific recording requirements that must be satisfied. Ownership Profiles. The identity of the current owners and the new owners—including special considerations like deceased or mentally incapacitated owners—are crucial to choosing the right deed. Transfer Timing. Do the current owners intend to transfer the entire property to the new owners now? Do they want to remain as co-owners with the new owners? Do they want to transfer to take effect on on the current owner’s death? The answer to these questions determines the deed form and structure. Differentiating Gifts from Sales. Whether money is changing hands—a legal concept called consideration—can effect the wording of the deed and the details of the transfer. Liability for Future Title Problems. Do the current owners want to be legally responsible if it turns out that there is an issue with title to the property that the owners did not know about? The answer to this question determines whether the deed will be a quitclaim deed or some type of warranty deed. Local Regulations. Different states have different regulations that apply to transfers of real estate, including the need to file transfer tax returns or other informational returns when property is transferred. Spousal Ownership and Signature Requirements. State law often imposes special requirements on transfers of property owned by a married couple. These laws could make a spouse an owner or require a spouse's signature, even if that spouse is not listed on the deed. A deed that fails to meet these requirements could be invalid. Our free, attorney-designed Deed Form Analysis will help you navigate these considerations and provide you with detailed guidance in choosing the right deed form for your state and your specific situation. Select your state below to get started.Select StateSelect the state where the property is located. AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU.S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyoming GoalsFirst, let's identify your goals. Answers given here will help us customize the remaining questions in the interview. You can hover over the question mark after each option for additional guidance. A deed is a transfer instrument. It used to Transfer Timing: Which of the following best describes ...? One or more current owners will transfer all interest in the property to one or more new owners, effective immediately One or more current owners will add a new owner, effective immediately, but will continue to own the property along with the new owner during life One or more current owners will keep the property during life and transfer the property to one or more new owners on the death of the current owner(s) Select one of the following: Transfer the Entire Property to Someone Else ImmediatelyYou want the current owners to transfer their entire interest to new owners immediately, without keeping any continuing interest in the property. This is a common option for a sale to a third party or a gift to a family member. Add or Remove a Living OwnerYou want to add or remove an owner, with some or all of the current owner(s) to continue to own the property. Deal with One or More Deceased OwnersThe property is in the name of one or more deceased owners and you want to transfer it to surviving heirs or beneficiaries. Transfer Property to a TrustThe current owners have a living trust or other trust and want to transfer the property to it to avoid probate or for other reasons. Create an Estate Planning Deed (Life Estate Deed, Lady Bird Deed, Beneficiary Deed, or Transfer-on-Death Deed)An individual or married couple wants to keep the property during life, but transfer it to one or more future owners at death through a life estate deed, lady bird deed, beneficiary deed, or transfer-on-death deed. Transfer Property to an LLC or Other BusinessThe current owner is an individual (or married couple) who wants to transfer property to a business entity in exchange for equity in the business. This is common after a new business is formed, but could happen at any time. Divide Property After DivorceYou want to transfer property from one ex-spouse to another following a divorce. If the divorce is not final and you want to transfer the property, select Add or Remove an Owner instead. Which of the following applies? I want to remove a living owner but keep the remaining owner(s) I want to add a new owner but keep the remaining owner(s) I want to remove one or more owners and add one or more owners To add some owners and remove others, select above. Enter all of the current owners (including the owner you want to remove) on the Current Owners screen. Enter all of the new owners (including the owner(s) you want to add but not including the owner(s) you want to remove) on the Future Owners screen. Current OwnersThe current owners own the property now, before the deed is signed. Future OwnersThe future owners will own the property after the deed is signed. The transfer could occur now, or upon the death of a current owner(s). We'll ask about timing on the next screen. For now, just let us know who the future owners will be. Timing of Transfer Ownership StructureMultiple individual owners can specify a form of co-ownership. The form of co-ownership determines what happens to the property on the death of one of the co-owners.
