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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 6849
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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I am trying to record a Warranty Deed in the District of

Customer Question

I am trying to record a Warranty Deed in the District of Columbia. Two individuals, same sex owned the property and one passed without a will in 2015. The surviving individual is now the sole owner and wishes to have the property transferred in their name.
What is the correct recital/granting clause to include in the language referencing the deceased party of record.
Submitted: 3 months ago.
Category: Estate Law
Expert:  Irwin Law replied 3 months ago.

I presume that the two of you held title as joint tenants with the right of survivorship, and not as tenants in common. In deeding the property to a third-party, you would show yourself as the grantor, but in the body of the deed you would make a recitation to the effect: Joint tenant, ***** ***** died on the seventh day of June 2016. District of Columbia Department of Health death certificate No. 44454444. The death certificate information is optional, but would be extremely helpful to any future title searchers. This does not have to be in the granting clause, it can be in the information section of the deed where the legal description appears.In the granting clause itself you could also refer to yourself as: Joseph Jones,As survivor of ***** *****, deceased.

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Expert:  Irwin Law replied 3 months ago.

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