How to Transfer Property After Death: Deeds, Probate, and Shortcuts

How Property Ownership Determines What Happens Next

Real estate does not automatically go to family members when someone dies. It goes wherever the title says it goes — based on how the deed was written when the property was purchased or last transferred.

The deed is the controlling document. A will can express wishes, but if the deed says "joint tenancy with right of survivorship," the property passes to the surviving owner regardless of what the will says. This surprises many families who assume a will governs everything.

There are four main ways property can be titled at death, each with its own transfer path:

• Solely in the deceased's name — requires probate or a simplified estate process to transfer title.
• Joint tenancy with right of survivorship — passes automatically to the surviving co-owner outside probate.
• Transfer-on-death (TOD) deed — passes directly to the named beneficiary without probate.
• In the name of a living trust — passes according to the trust's instructions, managed by the successor trustee.

Your first task is to locate the current deed and read how ownership is listed. If you do not have a copy, search the county recorder's or assessor's online database using the property address — most counties make this available for free.

Joint Tenancy and Right of Survivorship

Joint tenancy with right of survivorship (JTWROS) is the most common form of co-ownership between spouses and long-term partners. When one co-owner dies, their share passes automatically to the surviving owner — no probate, no court order, no delay.

The deed will include language such as "as joint tenants with right of survivorship" or "JTWROS" after the owners' names. In community property states like California, Texas, and Arizona, you may see "community property with right of survivorship" — which works the same way.

What the surviving owner needs to do

The transfer does not happen by itself — you still need to update the public record. Here is the process:

1. Obtain several certified copies of the death certificate from the county vital records office or the funeral home (order at least three).
2. Prepare an affidavit of survivorship (also called a survivorship affidavit or affidavit of title). This is a short notarized document stating that the co-owner has died and you are the surviving joint tenant. Many county recorder websites provide a blank form.
3. Take the notarized affidavit and a certified death certificate to the county recorder's office in the county where the property is located.
4. Pay the recording fee — typically $15–$50 per page depending on the county.

After recording, the property title reflects you as the sole owner. The process usually takes one to three weeks from start to finish. No attorney is required, though having one review the affidavit before you file costs little and prevents errors that could cloud the title.

Transfer-on-Death (TOD) Deeds — How They Work

A transfer-on-death deed (sometimes called a beneficiary deed or a Revocable Transfer on Death deed in California) lets a property owner name a beneficiary who inherits the property at death — without probate. As of 2024, approximately 30 states allow TOD deeds for real estate.

The owner records the TOD deed during their lifetime. It takes effect only at death. Until then, the owner retains full control: they can sell the property, refinance it, or revoke the TOD deed at any time by recording a revocation. The named beneficiary has no rights in the property while the owner is alive.

How to claim property under a TOD deed

If you are the named beneficiary on a TOD deed, the steps are straightforward:

1. Obtain certified copies of the death certificate.
2. Locate the recorded TOD deed — check the county recorder's records if you do not have a copy.
3. Complete an affidavit of death (required in most states) confirming the owner has died and identifying yourself as the beneficiary.
4. Record the affidavit and a certified death certificate with the county recorder, along with the original TOD deed if required by your state.

This process skips probate entirely. It typically takes a few weeks and costs only the recording fee. If the TOD deed names multiple beneficiaries, each one becomes a co-owner of the property — which may require further planning if you want to sell or divide the asset.

Transferring Property Through a Living Trust

When real estate is held in a living trust, the property technically belongs to the trust — not to the deceased person individually. At death, the successor trustee named in the trust document steps in to manage and distribute the trust's assets, including any real estate.

Because the trust, not the deceased, owns the property, there is no probate. The successor trustee already has legal authority to act. The transfer is handled entirely outside the court system.

What the successor trustee needs to do

1. Obtain certified copies of the death certificate.
2. Gather the trust document and any amendments to confirm who the beneficiaries are and what the instructions say about the property.
3. Prepare a trustee's deed (also called a deed of distribution) transferring the property from the trust to the beneficiary named in the trust. An attorney or title company can prepare this document.
4. Have the deed signed by the successor trustee and notarized.
5. Record the trustee's deed with the county recorder, along with a certified death certificate and often an affidavit of trust (a summary of the trust's terms for the recorder's records).

Trust transfers are generally faster than probate — the process can be completed in weeks rather than months. The main risk is that the property was never properly transferred into the trust during the owner's lifetime. If the deed still shows the owner's personal name rather than the trust, the property may need to go through probate after all.

For a full overview of how living trusts work and how to fund them correctly, see our guide to living trusts.

Transferring Property Through Probate

When property was owned solely in the deceased's name — with no joint tenant, no TOD deed, and no trust — it almost always needs to go through probate before the title can transfer. Probate is the court-supervised process that authenticates the will (if there is one), pays debts, and authorizes the distribution of assets.

Probate can take anywhere from six months to two or more years, depending on the state, the size of the estate, and whether anyone contests the will. Court and attorney fees typically consume 3–7% of the gross estate value. For a $400,000 house, that is $12,000–$28,000 in costs before the heir takes title.

How real estate transfers during probate

1. The court appoints a personal representative (called an executor if named in the will, or an administrator if there is no will).
2. The personal representative manages the estate's assets — including the property — during the probate period, paying debts and filing tax returns as needed.
3. Once the court approves the final distribution, the personal representative signs a personal representative's deed (or executor's deed) transferring title to the beneficiary.
4. The deed is recorded with the county recorder along with copies of the court order authorizing the transfer.

If the estate is small enough, your state may offer a simplified alternative. A small estate affidavit allows heirs to transfer property using a sworn statement rather than full probate — no court petition required. Thresholds vary widely by state, from $20,000 to over $200,000 for the total estate value (not just real estate).

How to Update the Deed After a Transfer

Regardless of which transfer method applies, the final step is recording a new deed with the county recorder's office. This updates the public record to show the new owner and protects the heir's title against future claims.

Here are the steps to update a property deed after inheriting real estate:

Step 1: Obtain certified copies of the death certificate

Order at least three to five certified copies from the county vital records office or through the funeral home. The county recorder requires an original certified copy — photocopies are not accepted. You may also need copies for the mortgage lender and the county assessor.

Step 2: Locate the current deed

Find the existing deed in the deceased's records, or search the county recorder's online database by property address. You need the exact legal description of the property to include on the new deed. The legal description is different from the street address — it is the formal land survey description printed on the existing deed.

Step 3: Prepare the new deed

The type of deed depends on the transfer mechanism:

• Affidavit of survivorship — for joint tenancy transfers.
• Affidavit of death + TOD deed — for transfer-on-death deed transfers.
• Trustee's deed — for transfers out of a living trust.
• Personal representative's deed (executor's deed) — for probate transfers.

Each deed type must include the full legal description of the property and the grantee's name exactly as it should appear on title going forward. A title company or real estate attorney can prepare the deed correctly for a fee that typically runs $150–$400.

Step 4: Have the deed notarized

The grantor — the person signing as the transferring party — must sign the deed in front of a notary public. The notary verifies their identity and witnesses the signature. Most banks, UPS stores, and law offices offer notary services for $5–$15 per signature.

Step 5: Record the deed with the county recorder

Bring the signed, notarized deed to the county recorder's office in the county where the property is located — not the county where the deceased lived if different. Submit the deed along with the certified death certificate and any required cover sheets or forms. Pay the recording fee (typically $15–$50 per page). The recorder stamps and returns a copy for your records. The original stays in the public record permanently.

Step 6: Notify the lender and update tax records

If there is an outstanding mortgage, notify the lender of the change in ownership and ask about the assumption process. Contact the county assessor to update property tax billing to your name and address. Some counties also require a change of ownership statement within a set number of days of the transfer — check your county's rules to avoid penalties.

Wondering what happens to the mortgage when someone dies? We cover lender notification, assumption rules, and your options in detail.

Tax Considerations When You Inherit Property

Inheriting real estate comes with important tax implications. Understanding them before you sell can save you thousands of dollars.

Stepped-up basis

The most valuable tax benefit for inherited property is the 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 the original owner's death — not what they paid for it decades ago.

Example: the deceased bought a home in 1990 for $120,000. At death in 2026, it is worth $480,000. If you inherited it and sold it for $480,000 shortly after death, your capital gain is essentially zero — your basis is $480,000. If they had sold it before death, they would have owed capital gains tax on $360,000 in appreciation.

The IRS provides detailed guidance on stepped-up basis rules for inherited property. See the IRS Topic No. 703: Basis of Assets for the current rules.

Estate tax

The federal estate tax applies only to estates over $13.99 million per person in 2026 (indexed for inflation). The vast majority of estates owe no federal estate tax. Some states have their own estate or inheritance taxes with lower thresholds — check your state's rules if the estate is large.

Property tax reassessment

In most states, a transfer of ownership can trigger a property tax reassessment, meaning the property gets reassessed at current market value and your annual taxes may increase. California's Proposition 19 (effective 2021) significantly narrowed parent-to-child exclusions from reassessment. Check your state's rules — some states offer exemptions for transfers to a surviving spouse or qualifying heir.

Renting or holding inherited property

If you keep the inherited property and rent it out, rental income is taxable. You can depreciate the property based on its stepped-up value, which offsets some of the tax. If the property sits vacant for months during estate administration, some expenses may be deductible — consult a tax professional for your specific situation.

Frequently Asked Questions