If My Parents Die Without a Will, Can My Siblings and I Use a Quitclaim to Give the House to One?

A quitclaim deed is the appropriate instrument to transfer property, but since the owner of the property (your parents) are deceased, the owner cannot sign the deed transferring title — a requirement of a Quitclaim Deed.

You and your brothers and sisters most likely need to open a probate estate with the county court where the home is located, so that the appropriate probate court can authorize the transfer of the property as you desire.

This situation is a perfect illustration for the benefits of creating a Last Will and Testament, as the process to transfer the property to one sibling would typically be far quicker and easier if a Will were in place in advance…