Can I Change My Warranty Deed to a Survivorship Deed to Avoid Probate Later?

Most real estate purchases made with a mortgage in place use a Warranty Deed as a way to protect the interests of both the note holder and property owner. But once a mortgage is paid off and the house is owned free and clear by the property owner, other types of deeds can be used, if the property owner so chooses.

One option is to create a Survivorship Deed. The purpose of a survivorship deed is to permit ownership of real property to transfer to the surviving owner upon the death of the first owner without the need for a full probate case being opened.

While the property owner will need to check local rules, if real estate is converted properly to a Survivorship Deed, a simple affidavit may be all that is required — filed with the county recorder — to prove that the first owner has died and that full title is now vested in the surviving owner.

To revise an existing deed and make it a Survivorship Deed, see the details listed as an option in Standard Legal’s Quitclaim Deeds legal forms software.