How to Transfer Property After Death

The Short Answer

Pull up the deed and find how the property was titled. That single fact decides which of the four paths applies and whether the house has to go through probate at all.

Joint Tenancy or Right of Survivorship

If the deed says joint tenants with right of survivorship, tenancy by the entirety (spouses), or names a survivorship right, the property passes to the surviving co-owner the moment the other owner dies. No probate is needed to move ownership; you are only clearing the deceased person’s name off the title.

To do that, record two documents with the county recorder or land records office where the property sits: a certified copy of the death certificate and an affidavit of survivorship. Once recorded, the title reflects the surviving owner alone. This is the answer to “how do I remove a deceased spouse from the deed” in most survivorship cases.

Transfer-on-Death Deed

Many states let an owner record a transfer-on-death deed (also called a beneficiary deed) while alive, naming who receives the property at death. Where they are allowed, the property passes to that beneficiary outside probate, and the owner keeps full control until then. Not every state offers them, and a few use a different tool such as a lady bird deed instead.

If one is in place, the beneficiary records a certified death certificate and the affidavit the state requires with the county recorder to complete the transfer. See how to avoid probate for where transfer-on-death deeds fit, and your state transfer guide for whether your state offers one and which form it uses.

Held in a Living Trust

If the home was deeded into a revocable living trust, the trust, not the deceased person, owns it, so it does not go through probate. The successor trustee named in the trust transfers the property to the beneficiaries, or sells it, following the trust’s instructions, by signing a new deed as trustee. Compare the trust route with probate in our probate vs. trust guide, and see how a revocable living trust works.

Through Probate

When the deceased person owned the property alone with no survivorship right, no transfer-on-death deed, and no trust, the home is a probate asset. It transfers only after the court gives someone authority to act for the estate:

1. The court appoints an executor or administrator and issues letters of authority.
2. The estate is settled: creditors are notified and valid debts are paid in order.
3. The executor transfers the property, either by signing an executor’s deed to the heir who inherits it, or by selling it with court authority and distributing the proceeds.

The exact deed and any court approval depend on your state; your state transfer guide and the probate process overview walk through it. If the estate is small, a small estate affidavit may transfer the property without full probate.

How Long It Takes

A survivorship or trust transfer can be recorded within days of gathering the death certificate. A probate transfer follows the estate’s timeline, because the property cannot pass until the court acts and debts are handled. There is generally no separate deadline that applies only to the deed; the relevant clock is the probate timeline and your state’s filing and creditor deadlines. Leaving title unsettled for years can complicate a later sale, so it is worth completing even when no one is in a hurry.