How Does a New Owner Get Access to Real Estate with Transfer on Death?

January 6, 2022

Someone who inherits real estate through a transfer on death deed should find it relatively simple to have ownership transferred to them after the original owner passes away.

A short sworn statement usually needs to be filed by the transfer on death beneficiary in addition to submitting a death certificate copy for the public land record office. This indicates that the property changed hands, the time that it changed hands and the new owner.

The affidavit typically needs to include the property, the date of the previous owner’s death and the name of the new owner. You will want to check directly with lawyers in your area to determine whether there are any other requirements because affidavits for different states can be slightly different. If you wish to explore other options for passing your assets outside of a transfer on death deed, one of the best ways to do this is to look through all of the strategies available to you by working with an estate planning lawyer.

An estate planning attorney is a knowledgeable partner in the estate planning process who can help you with every aspect of your plan from beginning to end and help you to understand the options available to you while you are still alive to create comprehensive strategies for those you love.


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