San Jose California Quitclaim Deed, for a Condominium, from Two Individual, one deceased, to an Individual

State:
California
City:
San Jose
Control #:
CA-051-77
Format:
Word; 
Rich Text
Instant download

Description

This form is a Quitclaim Deed where the Grantors are two Individuals, one deceased and one the surviving joint tenant, and the Individual Grantee. Grantors convey and quitclaim the described property to Grantee. This deed complies with all state statutory laws.

A San Jose California Quitclaim Deed is a legal document used to transfer ownership of a condominium property from two individuals, one of whom is deceased, to another individual. This type of deed is commonly used when the transfer of ownership is happening between family members, friends, or parties who have a pre-existing relationship and are looking to complete a property transfer. A Quitclaim Deed is a specific type of deed that transfers whatever ownership interest the granter (the person transferring the property) has in the property to the grantee (the person receiving the property). It does not guarantee or provide any warranties about the title or ownership status of the property. The transfer is made "as is," meaning that the grantee takes the property with any existing liabilities or encumbrances. In the case of a Condominium Quitclaim Deed in San Jose, California, there may be different variations or subtypes based on specific circumstances or requirements. While the core elements of the deed remain the same, the variations may refer to specific clauses or considerations unique to the transfer of a condominium property. Some possible variations or types of San Jose California Quitclaim Deed for a Condominium, from Two Individuals, one deceased, to an Individual, may include: 1. Standard San Jose California Condominium Quitclaim Deed: This is the most common type where ownership of the condominium is transferred from two individuals, one of whom is deceased, to another individual, using the standard language and provisions. 2. Executor/Administrator Deed: If the deceased owner's interest is being transferred by an executor or administrator of their estate, this variation ensures the transfer is legally conducted and recorded. 3. Survivorship Deed: This type of Quitclaim Deed is used when one of the joint owners passes away, and the surviving joint owner wishes to transfer the entire property to an individual. It clarifies and affirms the intention of the surviving owner to assume full ownership. 4. Trustee-to-Individual Quitclaim Deed: If the property was held in a trust, this variation is used to transfer the condominium from the trustee to an individual. It may involve additional documentation or formalities to comply with the requirements of the trust. It's important to consult with a qualified attorney or real estate professional when preparing and executing a San Jose California Quitclaim Deed for a Condominium, especially in situations involving the deceased owner. They can provide the necessary guidance, ensure compliance with local laws and regulations, and address any specific elements related to the transfer or type of ownership.

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FAQ

Definition of Quitclaim Deed? A deed by which the grantor releases any interest he may have in real property. The deed makes no representation as to ownership or warranty.

How Do I Prepare the Transfer on Death Deed? Fill out all general required information about your identity and address.Name your beneficiary or beneficiaries.Sign and date the transfer on death deed before a notary public.Have the notarized deed recorded with your county clerk's office.

In which of the following situations could a quitclaim deed NOT be used? c. The answer is to warrant that a title is valid.

Sunset Date. California's legislation that originally authorized TOD deeds in 2016 contained a sunset provision automatically repealing the TOD statute on January 1, 2022?unless extended before that date.

However, in 2016, California Governor Jerry Brown signed Assembly Bill 139, establishing a new procedure to transfer real property upon death with a revocable transfer on death deed. Now, California allows for the transfer of real property upon a person's death, thereby avoiding probate.

In 2016 the California legislature created a Revocable Transfer on Death Deed (?TOD Deed?) as a way for California residents to transfer residential property to named beneficiaries, effective upon death. In 2021, the legislature passed SB-315 to update the law on TOD deeds and address some problems in the earlier law.

The General Warranty Deed: On the opposite side of the spectrum from the quitclaim deed is the general warranty deed. The grantor of a general warranty deed makes five specific guarantees by the granting of the general warranty deed.

Which of the following is not required for a deed to be valid? Signature of the grantee.

If you register an account in TOD (also called beneficiary) form, the beneficiary you name will inherit the account automatically at your death. No probate court proceedings will be necessary; the beneficiary will deal directly with the brokerage company to transfer the account.

No guarantees to the new owner: Unlike a warranty deed, a quitclaim deed does not guarantee that a property is free from title defects such as tax liens or title claims from third parties. For this reason, it is a poor legal instrument to use when selling a piece of property for cash considerations.

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The primary building on the parcel is a ca. 1938 single-family residence built in the Minimal Traditional style.Lathrop City Council Regular Meeting Agenda.

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San Jose California Quitclaim Deed, for a Condominium, from Two Individual, one deceased, to an Individual