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 commonly affects widows and widowers, as well as other co-owners, regardless of when the home was purchased. The risk is primarily determined by the type of ownership on the deed and whether the surviving owner took steps to update the title after the co-owner’s death. 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. Working with a probate attorney or real estate attorney early in the selling process can help identify these title issues before they become obstacles.
Understanding Property Title and Survivorship Rights
When a deceased person remains on a property title, the title transfer process can become complicated. The surviving owner may need to file documents in probate court to establish clear ownership before the sale can proceed. This legal work often requires attorney assistance and can delay closing by several weeks or more.
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. A real estate attorney can review your current deed and advise whether adding survivorship language makes sense for your situation.
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.
A title issues lawyer can identify problems such as incorrect names, outdated ownership information, or missing documentation that could complicate your sale. Addressing these concerns months before listing gives you time to complete any necessary legal filings without the pressure of an impending closing date.
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.
If you discover a deceased person on your property title, contact a selling a house lawyer or probate court lawyer promptly. While resolving these matters may involve some attorney fees upfront, the cost is typically far less than the expense and stress of delaying or losing a sale due to unresolved title problems.
This is not legal advice, this is a legal advertisement.
