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- 1). Check the probate court records in the county where the grantor last resided for an estate filing. If you determine from checking the estate records in probate court that the grantor is deceased, it may still be possible to get a correction deed signed. If the personal representative or executor of his estate has the authority and agrees to assist, the two of you may sign a correction special warranty deed, which states that it is being prepared and executed to correct a problem with the original deed. If the personal representative under the will does not have the authority to correct the problem, then it may be possible to have all the heirs and devisees sign to correct the deed.
- 2). Have an attorney prepare an affidavit for you to sign if the issue that needs clarifying involves only you, the grantee. For example, if your name is Henry J. Jackson and the deed stated that you were "Heny J." or "Henry F. Jackson," then you may be able to clarify the deed with a name affidavit. The affidavit will state that you are one and the same as the person in the deed and that the affidavit is being recorded for the purpose of clarifying or correcting your name in the deed. In conjunction with your affidavit, the attorney who prepared the deed may also need to prepare and record a scrivener's affidavit, which states that she made an error in preparing the deed.
- 3). Contact an attorney to file a reformation action with the court if the issue with the deed is so problematic that it cannot be fixed without the grantor's assistance and he cannot be located. An example of this would be if the deed stated that the grantor conveyed Lot 4 to you, when it was supposed to have been Lot 3, or if there is a problem with the distances and bearings in the metes and bounds legal description so that the property you were supposed to have gotten was inaccurately described. A reformation action is a lawsuit to be filed in the proper court jurisdiction asking the court to fix the deed with a court order. The judge will carefully look at the circumstances to see if reformation is warranted. If it appears that the mistake was a clerical error or was not the intent of the parties, then you may assume the court will rule in your favor to reform the deed.
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