How to guide
Why this matters
Until the title is updated, the house cannot be sold, refinanced, or insured under the new owner's name. The exact process depends on how the deed was titled and whether probate is required.
Step by step
- Find the current deed. Check the home files, safe, the county recorder's online portal, or the title company that handled the purchase.
- Determine how the house was titled. Joint tenancy with right of survivorship, tenancy by the entirety, and community property with right of survivorship pass automatically. Sole ownership or tenancy in common requires probate.
- If joint with right of survivorship: file an Affidavit of Surviving Joint Tenant (or equivalent) at the county recorder's office, along with a certified death certificate. Cost is typically $50 to $200.
- If a transfer on death deed was filed before death: file an Affidavit Death of Grantor along with the death certificate at the recorder's office.
- If sole ownership without TOD deed: probate is required. The court issues an order or deed of distribution, which is then recorded.
- Update homeowners insurance to reflect the new owner. The policy may need to be rewritten in the new owner's name.
- Notify the mortgage company. Federal law (Garn-St. Germain Act) prevents lenders from accelerating the loan when ownership transfers to a relative who occupies the home.
- Update the property tax records. The county assessor needs to know who the new owner of record is.
Forms you will need
- Affidavit of Surviving Joint Tenant
- Affidavit Death of Grantor (for TOD deeds)
- Probate order or deed of distribution
- Certified death certificate
State by state notes
Transfer on death deeds are recognized in about 30 states. Joint tenancy is recognized in nearly every state. Some states (Texas, Florida) have specific homestead protections that affect transfer.
Common mistakes to avoid
- Not updating insurance. A policy in the deceased's name can be voided.
- Not telling the mortgage company. Some still send notices to "the estate of" for years.
- Recording the wrong type of affidavit. Joint tenancy and TOD deed each have a specific form.
- Trying to sell without updating the title first.
What to do if you get stuck
A real estate attorney can prepare and record the correct affidavit for $300 to $800, which is often worth the certainty.
Frequently asked questions
How long does title transfer take?
Joint tenancy or TOD deed transfers can be recorded in 30 to 90 days. Probate based transfers take as long as probate (6 to 18 months).
Do I need probate to transfer the house?
Not if the house was held jointly with right of survivorship, in a living trust, or under a transfer on death deed. Sole ownership without these arrangements requires probate.
Can I keep the existing mortgage?
Yes, in most cases. The Garn-St. Germain Act protects relatives who inherit and occupy a home from due on sale clauses.
What about the homeowners insurance?
Notify the insurer of the death. The policy may need to be rewritten in the new owner's name. Some insurers extend coverage temporarily during transition.
How much does an attorney charge to handle the title transfer?
For a simple joint tenancy or TOD deed transfer, $300 to $800 is typical. Probate based transfers are part of the broader probate cost.