Transferring a house title after death depends almost entirely on how the deceased owned the property. Joint owners with survivorship rights, trust beneficiaries, and recipients named on a Transfer on Death deed can usually complete the transfer in a few weeks by recording documents at the county recorder’s office. A home owned solely in the deceased’s name, with no trust or TOD deed, almost always goes through probate, a court process that commonly takes nine to twenty-four months and costs thousands of dollars.
Before anything else, find the current deed and read how ownership is written. That one document controls which path you’re on.
Start With the Existing Deed
Get a copy of the current deed from the county recorder’s office in the county where the property sits. The ownership language tells you what to do next.
- Sole ownership. The deceased was the only name on the deed. The property goes through probate unless a trust or TOD deed covers it.
- Joint tenancy with right of survivorship. Two or more owners hold equal shares, and surviving owners automatically absorb the deceased’s share. No probate.
- Tenancy by the entirety. A married-couple form of joint ownership available in roughly half of states. Works like joint tenancy with survivorship, with added protection from each spouse’s individual creditors during life.
- Community property with right of survivorship. Available in the nine community property states. The surviving spouse automatically owns the whole property.
- Living trust. The property is titled to a trust, not an individual. The successor trustee handles the transfer under the trust’s terms, outside of court.
- Transfer on Death deed. The owner named a beneficiary during life. At death, the beneficiary records a death certificate and claims the property. Not every state allows TOD deeds.
Watch for one phrase that trips families up: “tenants in common.” Tenants in common do not have survivorship rights. The deceased’s share passes under their will or trust, or through probate if neither exists. It does not go automatically to the other owner on the deed.
Fast Transfers That Skip Probate
When ownership is already structured for a direct transfer, the paperwork is short and the timeline is weeks, not months.
Joint Tenancy and Tenancy by the Entirety
The surviving owner absorbs the deceased’s share automatically at death. To update the public record, file a certified copy of the death certificate and a sworn affidavit of survivorship with the county recorder’s office. That removes the deceased’s name from title. No court involvement, no new deed from the estate.
Living Trusts
If the house is titled in a living trust, the successor trustee named in the trust document steps in after death. The trustee reviews the trust’s terms, identifies the beneficiaries, prepares a new deed transferring the property, and records that deed along with a copy of the death certificate. No court approval is needed. Speed and privacy are the main reasons estate planners favor trusts for real estate.
Transfer on Death Deeds
A TOD deed operates like a beneficiary designation on a bank account: it has no effect until the owner dies. After death, the named beneficiary records a certified death certificate and, in most states, a short affidavit with the county recorder to claim the property. Confirm your state recognizes TOD deeds before counting on this method.
When Probate Is Required
If the home was solely owned and not held in a trust or covered by a TOD deed, probate is unavoidable. This is also the most common situation.
How It Works
Probate begins when someone files the deceased’s will with the local probate court. The court reviews the will and formally appoints the executor named in it. With no will, a family member or interested person petitions to be appointed administrator, and the property passes to heirs under the state’s intestate succession laws.
Once appointed, the executor or administrator has authority over estate assets. For a house, that means maintaining the property, keeping insurance and the mortgage current, and paying property taxes from estate funds while the case moves through court.1Justia. Managing Assets During Probate and an Executor’s Legal Duties The executor also inventories assets, arranges an appraisal, and settles outstanding debts. Only after the court confirms obligations are satisfied does it issue an order authorizing the transfer. The executor then signs a new deed, usually called an executor’s deed, conveying the house to the heir or heirs.
Timeline and Cost
A straightforward, uncontested probate typically runs nine to eighteen months from filing to final distribution. Contested cases or estates with complicated debts can stretch past two years. Court filing fees vary widely by state and estate value. Attorney fees add substantially, and some states calculate attorney compensation as a percentage of the gross estate rather than an hourly rate. Factoring in appraisals, court fees, and legal representation, total probate costs for a home of moderate value commonly reach several thousand dollars.
Small Estate Shortcuts
Some states offer simplified procedures that can shave months and legal fees off the standard probate process.
Small Estate Affidavits
Many states let heirs claim property through a small estate affidavit when the total estate value falls below a state-set ceiling. Specifics vary. Most states limit the procedure to personal property, though a handful extend it to real estate. There is usually a waiting period of thirty to forty-five days after the death before an affidavit can be used, and the shortcut is unavailable once a full probate case has been opened.
Affidavits of Heirship
When someone dies without a will and the estate is simple with no significant debts, some states let an affidavit of heirship transfer real property outside of probate. Two people who knew the deceased, but have no financial stake in the estate, sign a sworn statement identifying the legal heirs. The notarized affidavit is recorded with the county recorder where the property is located. This works for clear-cut family situations. If debts or disputed heirs are in the picture, formal probate is safer.
Documents You Will Need
Whichever path applies, gather these before you start filing anything.
- Certified death certificates. Order at least two or three copies. The recorder, the lender, the insurance company, and the probate court each need their own.
- The existing deed. It contains the legal description of the property, which must be copied exactly onto any new deed.
- The will or trust document. The original will goes to the probate court. A successor trustee needs the trust document to prove authority.
- Court order or letters testamentary. In probate, the court issues these to authorize the executor to act. Get certified copies.
- A new deed. The form depends on the path: an executor’s deed in probate, a trustee’s deed from a trust, or, for a joint tenancy survivor, usually an affidavit of survivorship rather than a new deed.
- Supporting affidavits. Depending on the situation: an affidavit of survivorship, an affidavit of heirship, or a TOD beneficiary affidavit.
Every new deed names the person or entity transferring the property, names the new owner, and reproduces the full legal description from the existing deed. It must be signed by the authorized person and notarized before recording.
Recording the Deed
Take the signed, notarized deed to the county recorder or register of deeds in the county where the property is located, along with any required supplemental forms. Some counties ask for a transfer tax affidavit or a preliminary change of ownership statement even when no transfer tax is owed. The clerk stamps the deed with the filing date and assigns a recording number. Recording fees are generally modest. The original stamped deed is mailed back to the new owner. Recording is what puts the ownership change into the public record and protects the new owner against future claims.
The Mortgage, Insurance, and Carrying Costs
Inheriting a house with a mortgage does not give the lender the right to demand full payment. Under the Garn-St. Germain Act, a lender cannot enforce a due-on-sale clause when property transfers to a relative because of the borrower’s death, or when a surviving joint tenant or spouse inherits. The protection covers residential properties with fewer than five units.2Office of the Law Revision Counsel. 12 U.S. Code 1701j-3 – Preemption of Due-on-Sale Prohibitions
The loan itself doesn’t disappear. The heir who keeps the house takes over the existing terms and must keep making payments. During probate, the executor pays the mortgage from estate funds.1Justia. Managing Assets During Probate and an Executor’s Legal Duties If the estate can’t cover payments and the heir can’t or doesn’t want to take over the loan, selling the property to pay off the mortgage is often the practical answer.
Insurance needs attention right away. Contact the homeowner’s insurer within thirty days of the death. The existing policy does not automatically cover a new owner, and most insurers will cancel coverage if they are not notified. Depending on the company, you may keep the existing policy in force during estate administration, transfer it into your name if you are a named beneficiary, or buy a new policy. If the house will sit vacant during probate, tell the insurer. Vacant homes carry higher risk and often need a separate policy or endorsement.
Property taxes, mortgage payments, and basic upkeep need to continue the entire time title is in transition. Falling behind leads to penalties, foreclosure, or damage that cuts the property’s value. The longer the transfer takes, the more these carrying costs matter.
Taxes After You Inherit the Home
Simply receiving an inherited house is not a taxable event. The IRS does not treat inheritances as income.3Internal Revenue Service. Gifts and Inheritances Taxes can still come up, though, depending on the size of the estate, whether you sell the house, and where you live.
The Step-Up in Basis
This is the most valuable tax rule for heirs who inherit real estate. Your cost basis for capital gains purposes is the property’s fair market value on the date of death, not what the deceased originally paid.4Office of the Law Revision Counsel. 26 U.S. Code 1014 – Basis of Property Acquired From a Decedent If a parent bought a house for $80,000 in 1990 and it was worth $350,000 at death, your basis is $350,000. The $270,000 of accumulated gain disappears for tax purposes. Sell for $360,000 the next year and you owe capital gains tax only on the $10,000 difference.5Internal Revenue Service. Publication 551 – Basis of Assets
One narrow exception: if you gave appreciated property to someone who died within a year and left it back to you, you do not get a step-up. Your basis is whatever the deceased’s adjusted basis was before death.5Internal Revenue Service. Publication 551 – Basis of Assets
Federal Estate Tax
For 2026, the federal estate tax exemption is $15,000,000 per person. Only the portion of an estate above that threshold is taxed federally.6Internal Revenue Service. What’s New — Estate and Gift Tax Most estates fall well below the line.
State Estate and Inheritance Tax
A handful of states impose their own estate tax at lower thresholds than the federal level, and five states levy an inheritance tax on the person receiving the property. Inheritance tax rates depend on your relationship to the deceased. Surviving spouses are typically exempt; more distant relatives and unrelated beneficiaries pay the highest rates. Check both taxes in your state, because they can be meaningful even when federal estate tax doesn’t apply.
Capital Gains if You Sell
If you sell for more than your stepped-up basis, the profit is a taxable capital gain reported on Schedule D.3Internal Revenue Service. Gifts and Inheritances If you move into the home and use it as your primary residence for at least two of the five years before selling, you can exclude up to $250,000 of gain ($500,000 for married couples filing jointly) under the standard home sale exclusion. Combined with the stepped-up basis, that often leaves heirs who live in the home for a couple of years before selling owing little or no capital gains tax.
Medicaid Estate Recovery
If the deceased received Medicaid-funded nursing home care, home-based care, or related services after age 55, federal law requires the state to seek reimbursement from the estate.7Office of the Law Revision Counsel. 42 U.S. Code 1396p – Liens, Adjustments and Recoveries, and Transfers of Assets In practice, the state often places a claim against the house during probate, and the estate must repay Medicaid before the property can pass to heirs.
Protections exist. The state cannot recover while a surviving spouse is alive, or while a child under 21, or a blind or disabled child of any age, survives the deceased. A sibling who lived in the home for at least a year before the deceased entered a care facility, or an adult child who lived there for at least two years and provided care that delayed institutionalization, may also be protected. States must establish hardship waivers for cases where recovery would cause undue financial harm.8Medicaid.gov. Estate Recovery
Families who know Medicaid was involved should address recovery before assuming the house will pass free and clear. The claim can easily reach tens of thousands of dollars.