How to guide
Why this matters
A clear title makes future sale, refinance, or transfer of the home much simpler. Updating the deed promptly avoids surprises and legal complications later.
Step by step
- Find the current deed. Check home files, online county records, or contact the title company that handled the purchase.
- Read how the deed is titled. Joint tenancy with right of survivorship, tenancy by the entirety, and community property with right of survivorship all transfer to the survivor automatically.
- Get the correct form for your state. The most common is an Affidavit of Surviving Joint Tenant or Survivorship Affidavit. The county recorder's office has forms.
- Complete the affidavit. Include the property description (exactly as on the current deed), the deceased spouse's name and date of death, and a statement that the survivor now holds full title.
- Attach a certified death certificate.
- Record the affidavit at the county recorder's office. Pay the recording fee (typically $50 to $150).
- Update the title insurance, homeowners insurance, and property tax records to reflect the new sole owner.
Forms you will need
- Affidavit of Surviving Joint Tenant (or state equivalent)
- Certified death certificate
- Current deed (for reference)
State by state notes
Tenancy by the entirety is only available in some states (mostly the eastern U.S.) and provides additional protection against creditors. Community property with right of survivorship is available in community property states.
Common mistakes to avoid
- Recording the wrong type of affidavit. Each form of co-ownership has a specific affidavit.
- Misstating the legal property description. Copy it exactly from the existing deed.
- Not updating homeowners insurance. A policy in two names with one deceased can create coverage questions.
What to do if you get stuck
A real estate attorney or title company can prepare and record the affidavit for $200 to $500. For a complex deed history, this is worth the certainty.
Frequently asked questions
Do I have to update the deed?
You are not required to immediately, but it is wise to do so. A clear title makes future transactions simpler and prevents complications if you ever need to sell or refinance.
Do I need to go through probate?
Not if the deed was held with right of survivorship. The transfer is automatic and only needs to be recorded with the right affidavit.
How long does it take?
The affidavit can be prepared in a day. Recording usually takes 1 to 4 weeks for the new deed to be official in county records.
What about the mortgage?
The mortgage continues. If both spouses were on the mortgage, the survivor remains liable. The Garn-St. Germain Act protects the survivor from due on sale clauses.
Do I owe transfer tax?
In most states, transfer at death between spouses is exempt from transfer tax. Check with the county recorder.