by James Boyd Esq.
Homebuying is in full swing—and it’s only going to get busier as the school year wraps up and families aim to move before the next school year begins. Many savvy sellers are busy painting rooms, updating hardware, and finally tackling those long-postponed repairs to get their homes market-ready. But one crucial step is often overlooked: checking the deed before selling a home.
Each spring, I receive weekly calls from concerned sellers who discover—often days before closing—that a deceased person is still listed on the property title. This oversight can create major real estate closing delays, and correcting it can be both costly and time-consuming, and it can even jeopardize the real estate closing entirely.
This issue most commonly affects widows and widowers who purchased their homes before the year 2000. If a deceased spouse or co-owner is still on the deed, removing the deceased person from the house title can involve probate court, legal filings, and additional attorney fees.
How to Avoid Title Issues When Selling a House
The best time to fix title problems is well before a home hits the market. If you’re planning to sell your home, consult with a real estate or probate attorney to review your deed early in the process. This proactive step can help ensure a smoother transaction and prevent costly last-minute surprises.
Adding survivorship rights in a deed can help bypass probate altogether, making the title transfer process smoother and more affordable. It’s a simple but powerful tool that can save thousands of dollars and weeks of legal work in the future.
Don’t Let Title Surprises Cost You
Before you list your property, check the deed for accuracy, especially if one of the original owners has passed away. Addressing potential title issues before selling a house can save time, reduce stress, and protect your sale from unnecessary delays.
This is not legal advice, this is a legal advertisement.
