[414rich]

My wife is deceased. I would like to have a beneficiary deed on my real estate property. Do I need to change the warranty deed to remove her name before doing the beneficiary deed?

[Fr_Chuck]

Various states have different names for deeds, the states I sell property in does not have beneficiary deeds so I am not sure exactly what that is.

But you do not "change" your deed, you issue new deeds that replace the warranty deed, for adding someone often a quitclaim deed is used, and probate may issue a new deed at the death of someone to clear their estate.

In other cases depending on how the original deed was written, a new deed is issued and filed merely using the death certificate as proof for the filing.

I always advise getting a title company or a real estate attorney to do any new deeds, so that it clears any issues for future sales.

[Bob Gelinas]

My wife is deceased. I would like to have a beneficiary deed on my real estate property. Do I need to change the warranty deed to remove her name before doing the beneficiary deed?

In the state of Arizona a beneficiary deed can be recorded anytime. This deed does not change the existing deed. If you currently hold title on your current deed as Joint Tenants with Right of Surviorship, upon the death of the joint tenants the remaining tenants automatically control the interest of the property. You do not need to change your current deed. A beneficiary deed would only come in to play upon your death and is revocable at any time and you control ownership of the real estate while your alive. Remember this is in Arizona. If your state has provisions for a beneficiary deed it will be contained in your state statutes under the article name: property. Hope this helps.