If you elect to transfer a property deed to a child, including your own child, there are some considerations that you must keep in mind. First and foremost, if you desire to make a transfer to your own child, that individual must be over the age of 18. Indeed, a person under the age of 18 cannot legally take title to real estate. A conservatorship is needed in order for a transfer of a property deed to a minor child to occur.
Determine the age of the child to whom the deed is to be transferred.
Establish a conservatorship if the child to whom the transfer is to be made is under the age of 18.
Obtain a petition for conservatorship form (or sample of such a petition) from the clerk of the county court.
Complete the petition form, including identifying the name of the individual to serve as the conservator of the child for the purposes of the transfer of a property deed to the child.
File the petition for conservatorship with the clerk of the court.
Obtain an order of the court appointing a guardian as well as letters of guardianship. Letters of guardianship represent the authority of the guardian to act on behalf of the child, including taking title to real estate on behalf of the minor.
Go to the register of deeds office in the county in which the real estate in question is located. (You can access the agency either in the brick and mortar world or through the Internet website.)
Obtain a quitclaim deed form.
Complete the quitclaim deed form, which includes listing your name, the legal description of the real estate, and the name of the person who is obtaining title of the property.
Insert the following onto the quitclaim deed form to indicate the transfer of the property to a minor child:
John Doe, conservator for Jane Doe, a minor child.
Sign the quitclaim deed in front of a notary public.
File the quitclaim deed with the register of deeds, completing the transfer of a property deed to a child.
Because of the added complications of establishing a conservatorship to transfer property to a child, consider retaining an attorney to represent you in the matter. Although these groups cannot make specific referrals, both the state and local bar associations maintain directories of attorneys in different practice areas. Contact information for these organisations is available from the American Bar Association.