Understanding the “Quiet Title” Action

Selling properties in probate is a time-consuming process, but it’s an important task that helps families move on and prepare for the next stage of life. However, property in probate is prone to disputes, particularly if there’s an unclear will or multiple beneficiaries who want to lay claim to the house. A quiet title can enforce the estate’s claim as the rightful owner to the house, help the probate process move along more smoothly, and help the selling process go more quickly.

Title Issues During the Selling Process

There are a number of issues that can delay or halt the selling process on a probate property. As a realtor, once you begin working with a probate property you may uncover issues like:

    • Gap in the chain of title.
    • Disputes regarding land ownership.
    • Outstanding lien or mortgage.
    • Missing deed.

Correcting a Title Defect

Title defects can often be fixed with a quiet title action. If a home does not have a clear title due to a problem with the deceased owner or disputes during probate, this action may clarify the home’s true ownership and “quiet” all other claims to the home – hence the name “quiet title.”

This type of title action often solves a number of title issues. If it’s simply a clerical error—for example, the mortgage was paid off but the reconveyance was not recorded and a lien is still showing up—simply having the responsible party correct this information is enough to move forward.

In other cases, this title solves situations where multiple people believe they have ownership of property. These sorts of claims can lead to numerous legal issues and take months to clear up. 

Moving Forward With a Home Sale Through Quiet Title

Regardless of which type of title issue you’ve encountered, a quiet title claim may represent your path forward. With this title action, the probate process can move ahead and free up properties that are ready to hit the market.

Are you running into title issues with a probate property? Get answers to your questions with Werner Law Firm. Contact our team at 866-265-4467 to set up a consultation.

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