Transferring a home or other real estate after someone dies depends on how the property was titled and whether probate is required. If there's a mortgage, it will also need to be addressed as part of the transfer. This guide covers how ownership can move to a surviving owner, beneficiary, heir, or buyer.
How real estate transfers after a death depends on how the property was owned and the laws of the state where it is located. Solely owned property often requires probate or another estate procedure. Property with survivorship rights, a valid transfer-on-death deed, or trust ownership may pass outside probate. The documents needed to establish and record the new ownership vary by state and county.
Selling inherited real estate can involve additional steps, especially when the property is part of a probate estate or multiple people inherit ownership. Before listing or selling the property, confirm who has authority to make decisions and whether any court approval is required. Our guide to selling an inherited house walks through the options, including what can happen when multiple people inherit together and what happens when co-owners disagree.
We help confirm how the property is titled, coordinate the probate process when required, track the documents needed to transfer ownership, and coordinate recording, mortgage, tax, and insurance requirements with the appropriate professionals.
You make the decisions about the property. We coordinate the paperwork and the filings.
Not always. Solely owned real estate often requires probate or another estate procedure before ownership can transfer. Property with survivorship rights, trust ownership, or a valid transfer-on-death arrangement may pass outside probate. The rules depend on the state where the property is located.
Often you can list the property during probate and close once the court issues authority to the executor. Our guide to selling an inherited house walks through the options.
The mortgage stays with the property and must be kept current. Heirs aren't personally liable for it unless they assumed or co-signed the loan; it's typically paid off from a sale or assumed by whoever keeps the home.
Honorly is an estate settlement service that handles the administrative, financial, and legal tasks that follow a loved one's passing, so families aren't left to figure everything out alone.
We handle the calls, paperwork, and follow-ups that come after a loss, so your family can focus on each other.
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