My Dad Put My Nickname on the Deed: What Should I Do?

My dad passed away. His name and mine are on the home deed I just inherited from him. Here’s the issue. He put my nickname, Kathy, on the deed — though my actual name is Katherine.

Do I need to change the deed? If so, can you tell me how?

This kind of situation arises among our readers from time to time. And some deed recipients are frustrated when they find out the county recorder of deeds office, once presented with the correct name documentation, can’t just correct a deed with a minor name issue like Katherine’s.

But that’s how deeds work. They can’t be removed, once recorded.

So, what should Katherine do? Read on to learn how a deed holder can take action to correct the deed.

Correct Common Errors With a Corrective Deed

Minor mistakes like misspelled or incomplete names may be fixed with a corrective deed.

A deed is a legal document, notarized, signed, and recorded in the county to show who has title to property in that county. Valid deeds contain certain details. The correct name of a deed holder is one of those details.

The first and best route to a corrected deed starts with the entity that issued it. In this case, you inherited the deed. Assuming the home went through probate to pass from both your and your dad’s names into yours alone, you’ll want to speak with the probate court to request a corrective deed.

The new deed will show your full name and a brief notation about the correction.

You might be wondering: What about transferring the title from Kathy to Katherine with a quitclaim deed? That’s certainly a simple solution. That said, using a corrective deed makes it clear that no transfer is going on that would impact your chain of title. And a given state and county might expect the formalities that come along with a corrective deed. Yes, repairing a name on a deed starts with knowing the state and county expectations where the property exists. Read on for a few examples.

The Formalities Needed for a Corrective Deed

A corrective deed is a new deed. And recording a new deed depends on the grantor (in this case, the personal representative of Katherine’s dad’s estate) signing, with a new notarization and witnessing that would be required of the original deed.

Florida’s Uniform Title Standard 3.6, for example, states:

Correct common errors in a deed, such as typographical mistakes or omissions…using a corrective deed, which must be signed by the grantor and witnesses and re-acknowledged. 

Will you need to pay the fee to record your new deed with the county? Yes, but you’ll not have to pay taxes in connection with the correction.

If your home is in Ohio, the corrective deed fixes such errors as an improperly written name or a missing initial, or even a minor error in the legal description. As we explain in our Ohio corrective deed package:

If the grantor re-acknowledges the corrected deed, errors of omission can be resolved as well, as can the marital status and spousal release and more serious errors in the legal description.

But for a simple name repair job, you have two choices:

• Record a new, corrective deed.

• Re-record the deed that says “Kathy” with your name corrected to “Katherine” right on the deed.

The second method is simpler, but check with your county to be sure of local custom.

In Pennsylvania, you can transfer the new correction deed from and to yourself. As we’ve noted:

This may be more convenient and is especially advisable in the case of a minor error. However, if the correction affects the legal description of the property, have the grantor re-acknowledge the new deed.

Some Pennsylvania counties need the grantor’s (deed creator’s) signature on all corrections.

As you can see, best practices surrounding a name correction on a deed vary — from state to state, from county to county. That’s why it pays to check in with your friendly recorder of deeds’ office!

Who Cares? Why Corrections Matter

Someday, you’ll pass your inherited home along to the next owner. Your prompt action today will remove ambiguities on the title that could otherwise slow a title search down or make your title tricky to insure.

At least know it’s a relatively simple matter. For minor fixes that clarify, but don’t impact ownership rights, a completely new deed is not needed. Instead, a corrective deed is the instrument (legal document) typically filed in the public record. It doesn’t serve to remove the incorrect deed. Instead, it’s an additional document.

And it’s an important one. The added document relieves Katherine’s concerns about her home’s chain of title. Guidance from the title company or a real estate attorney ensures proper handling of minor corrections.  

And Katherine should call any professionals involved with her inherited real estate:

• The mortgage company, if applicable.

• The home’s title insurer, if applicable.

• The homeowner’s insurance agent. 

Better to make the calls than to find out later that a lender thinks the new deed involves a taxable conveyance, or suddenly wants the balance of a loan paid off!

Boiling It All Down

Recording a corrective deed is an extra step that some deed holders never take. But those who do get on top of the correction will avert questions when it comes time to transfer the deed again, or take out a home loan.

At Deeds.com, we provide forms that we continually update to meet county specifications.

Always remember the importance of recording a deed. Recording is crucial. Once your new deed is in the county records, any title search of your inherited home will bring up the corrective document. We recommend having an attorney review it first, as deed recorder’s offices generally aren’t permitted to check it for you.