How Do I Obtain the Deeds to Property Owned by the Person Who Died?

If you are named the beneficiary of a home or property in a loved one’s will, once the property has gone through the probate process (a court-supervised process of paying the estate’s debts, closing any accounts, and distributing assets) the executor will assist with transferring the title to you. In certain circumstances — such as if an estate lacks the assets to close debts — the executor may decide to sell the property rather than transfer the title.

If you are the joint owner of a home with a loved one who has died, typically full ownership will be transferred directly to you. 

Obtaining the title to a property if there is no will

In cases where your loved one has no will (called intestate), and there is no beneficiary named to take possession of a house, a probate court will be in charge of distributing assets, including property, as per the intestate succession laws of the state. Most states have Next of Kin laws dictating that the property will go to a surviving spouse, child, parent or sibling in that order. If your loved one’s estate has outstanding debts or legal fees, the probate court may decide to sell the property to cover those costs.

Sources

“Transferring Deeds When The Owner Dies”. Trust & Will. https://trustandwill.com/learn/transfer-of-property-after-death-without-will

“What is Intestate? Understanding the Difference between Probate and Intestate”. Trust & Will. https://trustandwill.com/learn/intestate