Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
How do I get a person who is willing, plus two deceased people, off the deed to my house?
The live person is easy: he or she simply signs an appropriate deed transferring their interest to someone else. (What kind of deed is appropriate and how to draft one is a question for a local real estate attorney.
The deceased people are obviously trickier, as they can no longer sign. If they were on title as Joint Tenants (sometimes “Joint Tenants with Right of Survivorship”), then you’re in luck. By law, the surviving joint tenant(s) own the property automatically. All you usually need to update the records is a certified copy of the death certificate and an appropriately drafted declaration (again, see your local real estate attorney).
Otherwise, legally, someone has, or must be given, the authority to sign for the deceased people.
If they were smart, and established a living trust as part of their estate plans, then this is easy: whoever is named as their successor trustee now has authority to manage all the trust assets. You’ll know this is the case if the current property ownership is not “John Smith,” but instead “John Smith, Trustee of the Smith Family Trust” (or similar).
If, like most people, they have their interest in the property in their own name, then someone needs to be appointed by a court to act on their behalf. This is done in the context of a probate proceeding, and if one hasn’t already been opened, someone will need to do so to deal with this property.
