How you transfer property after a parent’s death depends almost entirely on how your parent held title to it. Some transfers happen with a single affidavit filed at the county recorder’s office. Others require months of court supervision through probate. The deed is what tells you which path you’re on, so that is where to start.
Start With the Deed
Pull the most recent deed for the property. You can get a copy from the county recorder’s office where the property sits. The words on the deed determine everything that follows, and they point to one of four paths.
Joint Tenancy With Right of Survivorship
If the deed says “joint tenants with right of survivorship,” the surviving co-owner already owns the whole property the moment the other owner dies. No probate. No court. No waiting period. The surviving owner files a certified death certificate and an affidavit (often called an Affidavit of Surviving Joint Tenant) with the county recorder to take the deceased owner’s name off the title. This is the fastest path there is.
Transfer-on-Death Deed
A transfer-on-death deed names a beneficiary who inherits the property directly at the owner’s death, skipping probate. Most states recognize these deeds, though a handful still do not. If your parent recorded one, you record a certified death certificate and an affidavit at the county recorder’s office to complete the transfer.
Property Held in a Living Trust
If your parent moved the property into a revocable living trust during their lifetime, the property avoids probate. The trust names a successor trustee who takes over at death. That trustee prepares and records a new deed transferring the property from the trust to whichever beneficiary the trust names, usually alongside an affidavit confirming the original trustee’s death. Both documents get notarized and recorded with the county. No court involvement, but the successor trustee still owes a duty to follow the trust’s instructions and act in the beneficiaries’ interests.
Property in Your Parent’s Name Alone
If the property was in your parent’s name alone, with no joint tenancy, no transfer-on-death deed, and no trust, it goes through probate. That is true whether your parent left a will or not. A will controls who inherits and names an executor. Without a will, state intestate succession law decides who inherits, generally favoring a surviving spouse first and then children.1Justia. Intestate Succession Laws
Probate follows a predictable sequence. The executor (or a family member, if there’s no will) files a petition in the county where your parent lived. The court validates the will and formally appoints the executor or administrator, who then notifies heirs and creditors, inventories assets, gets a professional appraisal of the real estate, and pays legitimate debts and taxes from estate funds. After the creditor claim period closes, the executor asks the court for permission to distribute what remains. The court issues an order, and the executor signs and records a deed (often called an executor’s deed or personal representative’s deed) putting the property in the heir’s name.
An uncomplicated estate usually runs somewhere between six months and two years. Contested wills, hard-to-value assets, or creditor disputes push it further. During that entire window, the property sits in limbo. You cannot sell it or refinance it without court approval.
Documents to Pull Together
Whatever path applies, you’ll need the same core paperwork:
- Certified death certificates. Order six to ten. Banks, title companies, county recorders, and lenders each want originals, and you’ll burn through them faster than you expect. Copies typically cost $10 to $30 each.
- The most recent deed for the property.
- The original signed will, or the complete trust agreement with any amendments. Probate courts generally will not accept a photocopy of a will.
- Any mortgage, home equity line, tax lien, or other encumbrance on the property. These obligations follow the house, not the person.
Before you record any new deed, think about ordering a preliminary title report through a title company. The search surfaces liens, easements, or claims you may not know about, like an unpaid contractor’s lien or a second mortgage your parent never mentioned. Finding those after you’ve already recorded a new deed makes them much harder to unwind.
What Happens to the Mortgage
Most heirs worry the bank will demand immediate repayment. Federal law rules that out for standard mortgages. Loan agreements typically contain a due-on-sale clause that lets the lender call the loan when the property changes hands, but federal law prohibits lenders from enforcing that clause when the property passes to a relative because the borrower died.2Office of the Law Revision Counsel. 12 U.S. Code 1701j-3 – Preemption of Due-on-Sale Prohibitions The same protection covers transfers to a surviving joint tenant or spouse. You can keep the existing loan and keep making payments. You don’t have to qualify on your own, and the lender cannot force you to refinance.
Contact the loan servicer promptly, send a death certificate and documentation showing you inherited the property, and keep the payments current. The federal protection prevents acceleration; it does not excuse missed payments.
Reverse mortgages work differently and move fast. When the borrower dies, the loan becomes due and payable. Once the lender sends a due-and-payable notice, heirs have 30 days to decide whether to keep the home, sell it, or turn it over to the lender, with extensions of up to six months possible if you need time to sell or arrange financing.3Consumer Financial Protection Bureau. With a Reverse Mortgage Loan, Can My Heirs Keep or Sell My Home After I Die To keep the home, you pay the full loan balance. If the balance is higher than the home’s current value, you can satisfy the debt by selling for at least 95% of the appraised value, and mortgage insurance covers the shortfall. If your parent had a reverse mortgage, treat it as the most time-sensitive item on your list.
Medicaid Estate Recovery
If your parent received Medicaid-funded long-term care such as nursing home services or home health care, the state may have a claim against the estate to recover those costs. Federal law requires states to seek recovery from the estates of Medicaid recipients who were 55 or older when they received benefits.4Office of the Law Revision Counsel. 42 USC 1396p – Liens, Adjustments and Recoveries, and Transfers of Assets The home is often the target because it may be the estate’s most valuable asset.
Protections exist. The state cannot recover against the home or impose a lien on it while certain people live there: a surviving spouse, a child under 21, a child who is blind or disabled, or a sibling with an ownership interest who lived in the home for at least a year before the parent entered a nursing facility. Once those individuals no longer reside there, the claim can be enforced. States also have hardship waiver programs, though the standards vary. If your parent received Medicaid benefits, contact the state Medicaid agency early, before you invest time and money in the transfer.
Taxes You’ll Actually Face
Inheriting property rarely triggers an immediate tax bill, but a few tax rules shape what you owe later.
The federal estate tax applies only to estates above the basic exclusion amount, which is $15,000,000 for deaths occurring in 2026.5Internal Revenue Service. What’s New – Estate and Gift Tax For almost every family, it doesn’t apply.
The tax rule that does matter is stepped-up basis. When you inherit property, your cost basis for capital gains purposes resets to the property’s fair market value on the date of your parent’s death, not what your parent originally paid.6Office of the Law Revision Counsel. 26 U.S. Code 1014 – Basis of Property Acquired From a Decedent If your parent bought the house in 1985 for $80,000 and it was worth $400,000 at death, your basis is $400,000. Sell for $410,000, and your taxable gain is $10,000, not $330,000. To lock in that value, you need a date-of-death appraisal.7Internal Revenue Service. Gifts and Inheritances Get it done promptly, because reconstructing a property’s value months or years later is harder and more expensive.
A handful of states levy their own inheritance or estate taxes with lower thresholds than the federal exemption. As of 2026, Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania impose inheritance taxes, paid by the recipient rather than by the estate. Other states run their own estate taxes with exemptions well below the federal number. Check your state’s tax agency for the specifics.
Property tax is the other item to check. In some states, a change in ownership triggers reassessment of the property’s value for property tax purposes, which can mean a substantial jump in the annual bill if your parent owned the home for decades. Some states exempt transfers between parents and children, but the rules vary widely. Call the local assessor’s office before the transfer is finalized so you know what the new bill will look like.
Protecting the House During the Transfer
Transfers don’t happen overnight, especially through probate. Between your parent’s death and the completed transfer, the property is vulnerable, and someone has to take responsibility for it.
If an executor or administrator has been appointed, they have a legal obligation to protect estate assets: keep the property secure, keep the heat on in winter, maintain the yard, and pay the mortgage and property taxes from estate funds. Neglecting those duties can expose the executor to personal liability.
Insurance catches people off guard. Standard homeowners policies typically include a vacancy clause that reduces or eliminates coverage once a home sits empty for 30 to 60 consecutive days. A burst pipe, a kitchen fire, or a break-in at a vacant house could result in a denied claim if the coverage hasn’t been updated. Call the insurer as soon as possible, explain the situation, and ask about a vacancy endorsement or a separate vacant-property policy. The premium is a fraction of what an uninsured loss would cost.
Are There Small Estate Shortcuts?
Every state has some form of simplified process for small estates, with thresholds ranging from a few thousand dollars to over $150,000. But most states limit small estate affidavit procedures to personal property like bank accounts and vehicles, not real estate. A few states offer simplified probate tracks that include real property, though the value limits tend to be low and some court involvement is still required. Don’t assume a small estate affidavit will cover a house. Check your state’s specific rules first.
What It Costs
Transfers through a trust, joint tenancy, or transfer-on-death deed stay relatively cheap. You’re paying for a new deed, notarization, and recording fees at the county recorder’s office. Recording fees for a deed typically run $50 to $150, though some counties charge more for longer documents.
Probate is where costs add up. Attorney fees vary with the estate’s complexity and local practice. Some states set attorney fees as a percentage of the gross estate; others use hourly billing or flat fees. Budget also for court filing fees, publication of required legal notices, and a date-of-death appraisal, which typically runs $300 to $700 for a standard single-family home. Executor compensation is an additional cost in many states, sometimes matching the attorney’s fee. Percentage-based fees are usually calculated on the gross estate before subtracting the mortgage balance, so a house worth $500,000 with a $300,000 mortgage counts as a $500,000 asset for fee purposes.