Transfer home ownership

Here are some possible scenarios:

1) If the property was jointly owned, and one of the people on the property deed passed away:

• You need to transfer the property to the living owners. Whether a will is involved or not, if you’re a surviving owner, you’re typically required to submit three documents to your state’s clerk of courts or registrar:

  • Death certificate

  • Notarized affidavit - This is a voluntary, sworn statement used by courts to confirm the death and your new ownership. It includes basic contact and information you’ll finalize in front of a notary public

  • The new deed - You and any new owners will need to sign and notarize the new property deed

• Contact your local courthouse or county clerk to confirm that there are no different state laws and that nothing else is needed

2) If all owners of the property have died, and you need to add a new name:

• Make sure the will or a court’s decision grants you ownership

• If the will gave you the property, you need an executor’s deed. It needs to include:

  • Legal description of the property

  • The beneficiary’s name as the new owner

  • Confirmation that the will has gone through probate

  • Info that shows the executor is authorized to deed you the property

  • Names of the previous owners

  • The will

• If the court granted you ownership, you’ll need an administrator’s deed. It will need to be written based on state law for those who die without a will. It needs to include:

  • Legal description of the property

  • The beneficiary’s name as the new owner

  • The beneficiary and the executor of the will or court administrator who issued you the deed will need to sign the deed in front of a notary public