How to Transfer Property of Deceased Person

Losing someone close is hard, and handling legal or money matters after can feel daunting. There are rules for how to transfer property after someone passes away. Whether it’s a home or a bank account, you’ll need help from estate planning pros and a trusted real estate lawyer, plus stay informed of the steps to avoid delays. This guide will walk you through the process of how to transfer property of deceased person.

Transfer of Property After Death: A Quick Look at the Process

How to transfer the property of the deceased depends on how it was owned and if the person left a will. Some property, like jointly owned homes or joint bank accounts, may pass straight to the other owner. On the other hand, homes owned by the person alone usually need a court process called probate. This means a court approves the will and picks someone to handle the estate.

Then, the person in charge pays debts and gives out property as the will says. It is vital to note that the role of a lawyer in real estate transactions can be key, as this transfer often involves legal filings, title changes, and tax matters. A lawyer helps ensure that the changes are done right and that you follow probate rules.

Types of Property and How They Affect the Transfer

The first step in how to transfer property of deceased person is to check how the property was owned. After all, this affects the legal process for the change of title.

If the deceased person owned the property with another as joint tenants, the property goes straight to the other person after one of them dies. This kind of transfer doesn’t go through probate.

However, in case the person owned the property alone or with others as tenants in common, then the property becomes part of their estate. Their will guides you about who gets it, but a probate order is needed before anything can happen. Any bank accounts and assets may also need probate unless they are joint or have a beneficiary.

The Process for Transferring Property After Death

To transfer a house after a person’s death involves more than just paperwork. It requires knowing the legal steps that apply based on how the property was owned.

Whether you’re acting as an executor, a surviving joint owner, or a beneficiary unaware of how to transfer property of deceased person, you will be able to make sure that everything is handled properly and without delays.

Find the Will and Name the Executor

Start by finding the person's will. The will names someone to handle the estate (the executor or estate trustee). That person has the legal right to handle the estate once the court confirms their role. You also need to gather legal papers that show what the person owned and what they owed. It also details how the property is held.

Apply for Probate (or use survivorship)

If the person owned it alone, you must ask the court to approve someone to handle the estate (the probate process). If the property was owned jointly, you may be able to skip probate and just file a survivorship application with the land registry office. Acquire the death certificate and professional legal help to file the right forms.

Inform the Banks, Creditors, and Others

Once chosen, the executor must tell banks and others that the person has passed. They must also figure out what debts or bills are still owed. These must be paid before any property is given to others. If the estate doesn’t have cash, it may need to sell some things to pay off debts.

Get the Property Appraised

Before passing the property to anyone, the executor should get it appraised to find its fair market value. This helps you figure out the estate’s value and helps in case there are taxes to pay. It also helps make sure everyone gets their fair share.

File Papers, Fulfill Taxes and Legal Fees

When you apply for probate in case of transfer of property after death, you will need to file the will, the death certificate, a list of what the person owned, and how much each item is worth.

You also pay the estate tax, which is about $15 per $1,000 on the value of the estate above $50,000. This must be paid when you file the probate request. If the property was held jointly, the executor can instead file the survivorship paperwork without going to court.

Transfer the Property Title

Once the court process is done, you can move the title. The executor applies to put the property into the name of the estate. Next, they file a transfer to give it to the right person named in the will.

In case there is a joint owner, they remove the deceased person's name and keep the full title, and the step is handled at the land registry office. In case the property is being sold rather than passed on to a beneficiary, it is vital to have a well-drafted real estate contract in place. This ensures that the sale protects the interests of all parties.

Share the Assets and Close the Estate

When everything is paid and transferring property after death is complete, the executor must keep records of all money that came in and went out. This includes taxes, bills, and who received what. Once all work is done, the person in charge may ask the court for a final release, which shows they have done their duties.

Final Thoughts

How to transfer property of deceased person is a matter that takes time, attention, and the right paperwork. Whether it’s a simple joint transfer or a full probate case, knowing the steps will help things go more smoothly.

At Real Estate Lawyer Milton, our skilled lawyers help clients make sure it’s all done properly. Give us a call to set up a consultation, and we’ll make sure that you go through the transfer process carefully to protect the estate, respect the deceased person’s wishes, and make sure the property ends up in the right hands.