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Ask Thomas Swartz Your Own Question
Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 3174
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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What kind of real estate deed would i draw up to put my son

Customer Question

what kind of real estate deed would i draw up to put my son on so that he would not have to go thru probate
JA: Is there any reason to believe the child's safety and welfare are in danger?
Customer: no he is a grown man. I do not have a will
JA: Has anything been filed or reported?
Customer: not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: no. I just need a deed that will go straight to him when i pass
Submitted: 2 months ago.
Category: Legal
Expert:  Thomas Swartz replied 2 months ago.


You want to execute a Deed naming yourself and your son as "Joint Tenants With Rights of Survivorship." This is also sometimes referred to as a "Survivorship Deed." A joint tenant with rights of survivorship deed will bypass the probate process for the real estate involved. Upon your death, the real estate will pass directly to your son.

There are many places on the web where you can find samples of such a Deed. I will point you to a few links that will be helpful:



Rocket Lawyer

Also check Legal Zoom

All deeds should be executed before a notary, and they must be recorded in the recording office in the county in which the real estate is located.

I hope this information helps.


Customer: replied 2 months ago.
very satisfied with the answer.
Expert:  Thomas Swartz replied 2 months ago.

I'm glad I could help.


Expert:  Thomas Swartz replied 2 months ago.


If you are satisfied with the answer, I would greatly appreciate it if you would accept the answer.

I wish you well.