Question: A few years ago, I inherited a building lot in Florida from my mother. Although I have always kept the taxes current, I have never transferred title to my name. I am thinking about selling and question whether I could do so with a quit claim deed. Or do I have to go through the process of transferring title to my name. Although I have a brother, my mother's will left the lot to me.

Finally, am I correct that I can step up the basis to the time of my mother's death?

Answer: The second question is real easy. Yes, the stepped up basis allows you to claim, for tax purposes, the value of the property on the date your mother died. This means that your tax basis for purposes of calculating capital gains tax is the stepped up basis. It does not matter what your mother paid for the property.

Now let's get to your other question. I am not licensed to practice law in Florida, so you should confirm my opinion with a local lawyer in your area.

Generally speaking, however, when a person dies owning property, a Probate estate must be established. The Probate court will appoint a Personal Representative (PR) -- also known in some states as the Executor. There are important rules which the PR must follow, most notably to advertise the fact of death in a newspaper of general circulation. Your state statute will spell out the length of time (and the number of ads) required. The purpose of this is to permit creditors of the deceased to file any claim against the estate.

In most states in which I am familiar, until the PR is appointed by the Court, the property remains in limbo. Once a PR is in the picture, title to the lot will vest in that PR.

The fact that your mother left the property in her will is important and helpful to you. But if your mother owed creditors more money than the property is worth, it may have to be sold to satisfy these obligations.

You asked about a quit claim deed. First, let's define the five types of deeds involved in real estate.

• tenants by the entirety: this is reserved for a husband-wife situation. Under this arrangements, should one spouse die, the surviving spouse will automatically own the property, and unless there is other property involved, probate is not necessary. It must be noted that not all states allow such deeds.

• joint tenants with right of survivorship: this is similar to the tenants by the entirety, and generally used for non-married parties who want to make sure that the survivor will receive the property without having to go to the Probate court. On the death of one tenant, by operation of law the survivor will own the entire property. Unlike a tenant by the entirety arrangement, a joint tenancy can be broken by either party unilaterally. Title then becomes as tenants in common.

• tenants in common: here, the parties each own a percentage interest in the property, usually 50 percent. On the death of one tenant, his or her interest will be conveyed as directed by that person's Last Will and Testament. In the absence of such a will, the laws of intestacy in your state will direct how the property will be distributed. Under this arrangement, Probate is required.

• sole owner: this just means that one person owns the property. Again, upon death, the property must be probated.

• quit claim: this is an interesting concept. Basically, it means that the grantor makes no promises or representations of ownership; if I own it, it is yours. I am prepared to give anyone a quit claim deed to the Washington monument, for example. This kind of deed is often used in a divorce proceeding, where one spouse deeds (by quit claim) the family home to the other spouse.

The answer to your question is that neither a quit claim deed or any other process short of Probate will put the property into your name. You will have to petition the Probate court to open up a proceeding, and (depending on state law) you can even be the PR.

In fact, your mother's Will may have specifically appointed you to this position. The probate proceedings must take place in the jurisdiction where your mother had her principal residence, which may not be in the state of Florida.

I urge you to take immediate action to get the property probated. Once this is accomplished, the PR can convey the property to you -- or to a third party.

Published: July 24, 2006

Use of this article without permission is a violation of federal copyright laws.

Author of the weekly Housing Counsel column with The Washington Post for nearly 30 years, Benny Kass is the senior partner with the Washington, DC law firm of Kass, Mitek & Kass, PLLC and a specialist in such real estate legal areas as commercial and residential financing, closings, foreclosures and workouts. Mr. Kass is a Charter Member of the College of Community Association Attorneys, and has written extensively about community association issues. In addition, he is a life member of the National Conference of Commissioners on Uniform State Laws. In this capacity, he has been involved in the development of almost all of the Commission’s real estate laws, including the Uniform Common Interest Ownership Act which has been adopted in many states.