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How Property Transfers to Heirs

Title transfer is the legal process of changing property ownership records from the deceased to the heir or heirs. The method depends on how the property was owned and whether probate is required. Until title transfers, heirs do not have legal authority to sell, refinance, or make certain decisions about the property. Completing the transfer establishes clear ownership and enables heirs to act.

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Transfer Methods

The appropriate method depends on how the deceased held title to the property.
When property passes through probate, the executor signs an executor’s deed transferring ownership to the beneficiaries. The probate court must first authorize the transfer.Process:
  • Probate court issues letters testamentary to the executor
  • Executor prepares or orders an executor’s deed
  • Deed identifies the estate, beneficiaries, and property
  • Executor signs and notarizes the deed
  • Deed is recorded with the county recorder
Timeline: Occurs after probate concludes or when court authorizes distribution
Property held in a trust transfers via trustee’s deed. The successor trustee executes the deed according to trust instructions without court involvement.Process:
  • Successor trustee assumes control per trust documents
  • Trustee prepares or orders a trustee’s deed
  • Deed references the trust and identifies beneficiaries
  • Trustee signs and notarizes the deed
  • Deed is recorded with the county recorder
Timeline: Can occur shortly after death once successor trustee is established
Property owned as joint tenants with right of survivorship transfers automatically to the surviving owner. An affidavit of survivorship documents the transfer for public records.Process:
  • Surviving owner prepares affidavit of survivorship
  • Attach certified copy of death certificate
  • Notarize the affidavit
  • Record with the county recorder
Timeline: Can be completed within days or weeks of death
Some states allow property owners to designate beneficiaries via transfer-on-death (TOD) deed. The beneficiary records an affidavit with the death certificate to complete the transfer.Process:
  • Beneficiary prepares affidavit claiming the property
  • Attach certified copy of death certificate
  • Attach copy of the recorded TOD deed
  • Record with the county recorder
Timeline: Can be completed within days or weeks of death

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Documents Required

The specific documents vary by transfer method and state requirements.
DocumentPurpose
Certified death certificateProves the owner is deceased; usually multiple copies needed
Letters testamentary or letters of administrationCourt document authorizing executor or administrator to act for the estate
Deed (executor’s, trustee’s, or other)Legal instrument transferring ownership
Affidavit of heirshipSworn statement identifying heirs when no will exists (some states)
Trust certificate or full trust documentProves trust existence and trustee authority
Preliminary change of ownership reportRequired in some states for tax assessment purposes
Requirements vary by state and county. Check with a local title company or real estate attorney for jurisdiction-specific requirements.

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Recording the Transfer

Recording makes the ownership change part of the public record. Until recorded, the transfer is not effective against third parties. Recording process:
  1. Prepare all required documents
  2. Sign and notarize where required
  3. Submit to county recorder’s office with recording fees
  4. Receive recorded documents with official stamps and recording information
Recording fees vary by county, typically ranging from $25 - $150 depending on document length and local fee schedules.
Unrecorded transfers create risk. A subsequent buyer or creditor could claim rights to the property if they lack notice of the heir’s ownership.

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Title Considerations

Inherited property may have title issues that surface during transfer or when heirs attempt to sell.
Mortgages, tax liens, mechanic’s liens, or judgment liens against the deceased remain attached to the property. These must be paid or resolved before or at sale. See liens and encumbrances for details.
Older properties may have gaps or errors in the chain of title. Previous transfers may not have been properly recorded. Title searches identify these issues.
If the deceased had children or other potential heirs who cannot be located, their interest in the property creates a cloud on title. Legal proceedings may be needed to clear title.
Disputes over will validity, trust interpretation, or heir status can delay or complicate transfer. These issues require legal resolution before clear title can pass.
Unpaid property taxes result in tax liens. Extended delinquency can lead to tax sale. Heirs should verify tax status and bring payments current.

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Title Insurance

Heirs who keep inherited property typically do not purchase new title insurance. The existing owner’s policy does not transfer to new owners. When title insurance matters:
  • Selling the property: buyers will require title insurance, and any title issues must be resolved
  • Refinancing: lenders require title insurance on new loans
  • Peace of mind: heirs can purchase an owner’s policy to protect against unknown title defects

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Ownership Options for Multiple Heirs

When property passes to more than one heir, they must decide how to hold title together.
Ownership TypeCharacteristics
Tenants in commonEach heir owns a percentage share. Shares can be unequal. Each can sell or transfer their share independently. No survivorship rights.
Joint tenants with right of survivorshipEqual ownership shares. When one owner dies, their share passes to surviving owners automatically.
LLC or partnershipHeirs form a legal entity to own the property. Provides liability protection and structured management. Requires formation documents and ongoing compliance.
The deed transferring property to multiple heirs specifies how they hold title. This decision affects future flexibility, estate planning, and what happens if one heir dies. See title ownership options for detailed guidance.

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Learn More

Title & Escrow Overview

Research title history, prepare transfer documents, and handle recording

Title Ownership Options

Detailed guide on how multiple owners can hold title

Transferring Ownership (Legal)

Deed types, transfer methods, and legal requirements

Trusts and Real Estate

How trusts affect property transfer and ownership

Real Estate Attorneys

Navigate complex transfers, resolve title issues, ensure legal compliance

When You Need an Attorney

Situations requiring legal representation

Liens and Encumbrances

Understanding and resolving claims against property

Title Insurance

Protection against title defects and claims

Next: Selling Inherited Property

Special considerations when selling real estate you inherited
Order a preliminary title report before attempting to transfer or sell inherited property. This identifies liens, encumbrances, or title defects that need resolution.