When someone dies owning real estate, the question that follows quickly is: how do you transfer property after death? The answer depends almost entirely on how the property was titled — not whether there was a will, not how big the estate is, and not who is listed in the obituary. This guide walks through every transfer method, when each applies, and what you need to do next.

Quick answer
How to transfer property after death

How property transfers after death depends on how it was titled. Joint tenancy with right of survivorship passes automatically to the co-owner. A transfer-on-death deed skips probate entirely. Property owned solely in the deceased's name usually goes through probate before the title can transfer.

  • Joint tenancy: file an affidavit of survivorship + death certificate with the county recorder (the form varies by state).
  • TOD deed: the named beneficiary records the deed with a certified death certificate.
  • Living trust: the successor trustee signs a trustee's deed and records it.
  • Probate: the court-appointed personal representative transfers title after the estate closes.

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.

Start here: Before calling an attorney or filing any paperwork, find the deed. The vesting language on the deed — how the names appear and what follows them — determines which of the four paths below applies.

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. Surviving spouses may also have additional rights beyond just the property title; see Surviving Spouse Rights for the full picture.

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, which each county sets. Check the recorder's fee schedule.

After recording, the property title reflects you as the sole owner. Timing varies by county. Many states do not require an attorney for this step, though having one review the affidavit before you file costs little and prevents errors that could cloud the title.

Tenancy in common is different. If the deed says "as tenants in common" — or simply lists two names with no survivorship language — there is no automatic right of survivorship. The deceased's share goes through their estate, which usually means probate.

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. TOD deed availability and naming rules vary by state, so use our Transfer on Death Deeds by State guide before relying on one.

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, and the main cost is usually 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.

State availability: TOD deeds are not available in every state. Check your state's rules before relying on a TOD deed as part of an estate plan, and confirm the current deed form with the county recorder before recording.

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 several months to two or more years, depending on the state, the size of the estate, and whether anyone contests the will. Court and attorney costs are commonly estimated at about 3% to 8% of the estate's value, and a few states, such as California, set attorney and executor fees by statute. See probate lawyer costs by state for how fees work where you live.

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 uses their letters testamentary to sign 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. Some states require no court filing and others involve the court, and many states limit it to personal property or require extra steps for real estate. Thresholds vary widely, from $15,000 in Rhode Island to $400,000 in Wyoming. If you are planning ahead for your own property, see How to Avoid Probate for the main non-court transfer options.

No will? If the deceased died without a will (intestate), state law determines who inherits the property. The probate court distributes assets according to the state's intestacy statute — typically to a spouse first, then children, then other relatives. You still need probate to transfer the title; the court just follows the statute instead of a will.

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. Many county recorders require a certified copy rather than a photocopy, so check your recorder's requirements. 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. Fees vary by state and by firm, so ask for a quote first.

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. Many banks, shipping stores, and law offices offer notary services, and fees vary.

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, which each county sets. 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.

Jointly owned property works differently. When spouses hold property as joint tenants or tenants by the entirety, only the deceased spouse's half gets the stepped-up basis; the survivor keeps their original cost basis in their own half. In community property states, when at least half of the community property is included in the deceased spouse's estate, both halves generally take the stepped-up basis. For other co-owners, how much steps up depends on how much of the property is included in the decedent's estate, so ask a tax professional.

The IRS provides detailed guidance on stepped-up basis rules for inherited property. See IRS Publication 551: Basis of Assets for the current rules, including the sections on inherited property, joint tenancy, and community property.

Estate tax

The federal estate tax applies only to estates above the IRS filing threshold for the year of death. For estates of people who die in 2026, the federal basic exclusion amount is $15 million per person. 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.

Key takeaway: The stepped-up basis is one of the most significant tax benefits in the U.S. tax code. Before selling inherited property, confirm the fair market value at the date of death — a formal appraisal provides documentation if the IRS asks questions later.
The easiest transfer method

A living trust is the cleanest way to pass property without probate — the trustee simply signs a deed, and the transfer is complete. Setting one up takes under an hour with an online service like Trust & Will and costs a fraction of working with an estate attorney. Affiliate disclosure

Frequently Asked Questions

How do you transfer a house after someone dies?
How you transfer a house after death depends on how it was titled. Joint tenancy: the surviving co-owner files an affidavit of survivorship and death certificate with the county recorder. TOD deed: the named beneficiary records the deed with a certified death certificate. Living trust: the successor trustee signs a trustee's deed. Solely owned: you go through probate, after which the personal representative records an executor's deed.
Do I need probate to transfer property after death?
Not always. Probate is only required when property was owned solely in the deceased's name with no other transfer mechanism. Joint tenancy, TOD deeds, and living trusts all skip probate. A small estate affidavit may also avoid full probate if the estate falls below your state's threshold.
What is a transfer-on-death deed?
A TOD deed — also called a beneficiary deed — is a recorded document naming who inherits a property at death. It takes effect only when the owner dies. The owner can revoke it at any time before death. At death, the named beneficiary records the deed and a certified death certificate to complete the transfer without probate. Many states allow TOD deeds for real estate, but availability and recording rules should be verified locally.
Do you pay capital gains tax when you inherit property?
Inherited property receives a stepped-up basis equal to the property's fair market value on the date of the original owner's death. If you sell the property shortly after inheriting it at roughly that value, you owe little or no capital gains tax. If you hold it and it appreciates before you sell, you pay capital gains only on the amount above the stepped-up value.
Can I transfer property after death without a lawyer?
For joint tenancy, TOD deed, and trust transfers, many people complete the title transfer without an attorney. Probate transfers typically benefit from legal help, especially if the estate is contested or involves multiple states. At minimum, have an attorney review any deed before recording to prevent title defects that are expensive to fix later.
What happens to the mortgage when someone dies?
The mortgage does not disappear. The heir takes the property subject to the debt, and the lender can foreclose if payments stop, but an heir who did not co-sign the loan is generally not personally liable. Federal law (the Garn-St. Germain Act) prevents lenders from calling the full loan due solely because the property passed to a relative at the owner's death, and the relative does not have to live there. The heir can usually keep making payments, and the servicer decides how to put the loan in the heir's name. If the property is sold, the mortgage is paid off at closing. See what happens to a mortgage when someone dies for the details.
Next step: If you are managing a full estate — not just the real estate — our guide to how to settle an estate walks through every phase of estate administration in order, from death certificate to final distribution.
Reviewed October 12, 2026
Official and primary sources used for this guide

We reviewed this page against official government, court, and primary-source materials. Property transfer laws vary by state; consult a licensed real estate attorney or estate planning attorney for advice specific to your situation and jurisdiction.

Page last reviewed: October 2026