How to Draft an Interspousal Grant Deed for a Deceased Spouse
An interspousal grant deed is a form used between two spouses where one spouse is transferring the property to the other. This form is commonly used in divorce proceedings where the couple does not want to sell or refinance the property, but one spouse is relinquishing ownership to the other. Though not as common, the interspousal grant deed can also be used when transferring the property to a trust for the benefit of a surviving spouse. Most title companies carry the state approved template form, so drafting only requires filling in applicable personal information.
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Instructions
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Grant Deed for Deceased Spouse
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Speak with an estate planning or trust attorney to ensure the trust document is worded appropriately. If the family home is relinquished by a surviving spouse to remove it from the estate by putting it into an irrevocable trust, the Interspousal Grant Deed facilitates the trust wishes. The surviving spouse should check to make sure she is authorized by the trust to remain on the property as a resident.
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Obtain the Interspousal Grant Deed form from a title company, the estate planning attorney or a county records office.
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Complete the form, stating who the surviving spouse is relinquishing the property and what entity is receiving it, namely the trust with a tax identification number independent of either spouse.
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Check the appropriate box designating why the transfer is occurring. If no box is provided and you must write the reason in, state that the transfer is to a trustee for the beneficial use of the surviving spouse.
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Sign the form in front of a notary public and submit it with any applicable filing fees to the county property records office.
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