How to Transfer a House Deed After Death

When real property is held as joint tenants with right of survivorship (JTWROS), the surviving co-owner automatically inherits the deceased's share the moment of death — by operation of law, with no probate, no court order, and no executor involvement required. The deed will say "John Smith and Mary Smith, as joint tenants with right of survivorship" or "...as JTWROS."

This is the simplest and fastest deed transfer in existence. The surviving owner files a short affidavit (called an Affidavit of Surviving Joint Tenant or Affidavit of Survivorship) with the county recorder along with a certified death certificate. From that point, the surviving owner holds 100% title in their own name.

Important limitation: Joint tenancy only works for the last surviving owner. If three siblings hold as joint tenants and one dies, the two survivors share equally. But when the last survivor dies, their share passes under their own estate — meaning it may then require probate unless they added a new co-owner or created a TOD deed before death.

Stepped-up basis: The surviving joint tenant receives a stepped-up basis on the deceased's half-share (the other half retains the survivor's original basis). In community property states with survivorship, both halves receive a stepped-up basis — a significant tax advantage. Source: IRS Publication 551; IRC §1014(b)(9).

A Transfer-on-Death deed (also called a beneficiary deed, Revocable TOD deed, or in Florida a "lady bird deed") is a deed recorded while the owner is alive that names one or more beneficiaries. At the owner's death, title transfers automatically to the named beneficiary — no probate, no court order, no executor needed.

The TOD deed is a planning tool used before death. If the deceased executed and recorded one, the beneficiary simply needs to file a death certificate and an acceptance affidavit to complete the transfer. The owner retained full control during life — they could sell, mortgage, or revoke the TOD deed at any time without the beneficiary's consent.

California's RTOD deed (Revocable Transfer on Death Deed, Prob. Code §5614) requires the beneficiary to record a notice of death affidavit and file a Notice of Death with the county assessor within 120 days. Creditors of the deceased may have a limited claim period against TOD property in some states — typically 18 months from death.

Stepped-up basis: TOD deed beneficiaries receive a full stepped-up basis to the date-of-death fair market value — the same as inherited probate property. Source: IRC §1014; IRS Pub. 551.

If the deceased placed the property in a revocable living trust during their lifetime, the property does not go through probate at all. The successor trustee named in the trust takes over administration at death and distributes the property according to the trust's terms — by recording a Trustee's Deed transferring title to the trust beneficiaries.

For this to work, the property must have been properly transferred into the trust before death — meaning a deed was recorded conveying the property from the owner to themselves as trustee ("John Smith, Trustee of the John Smith Living Trust dated January 1, 2020"). A trust that was created but never funded (the property was never retitled into the trust) provides no probate avoidance for that property.

What the trustee does: Reviews the trust terms, obtains a certified death certificate, prepares a Trustee's Deed of Distribution (conveying property from the trust to the beneficiary), records the deed, and provides a Certification of Trust to the title company if the property is being sold rather than retained. The trustee acts under the Uniform Trust Code or state equivalent.

Stepped-up basis: Beneficiaries of a revocable trust receive a full stepped-up basis at the grantor's death — same treatment as probate inheritance. Source: IRS Pub. 551.

Most states allow a simplified deed transfer for estates below a value threshold — without full probate. The heir files a sworn Small Estate Affidavit with the county recorder (and sometimes the probate court) stating the estate qualifies for simplified transfer. In some states this is called a Succession Affidavit, Affidavit of Heirship, or Affidavit for Collection of Personal Property.

Important nuance on real estate: Most states' small estate procedures cover personal property easily, but real estate adds complexity. Some states (California, Colorado, Washington, and others) have specific small estate procedures that cover real property; others require at minimum a court filing or notice period even for small estates with real property. Check your state's specific statute — see our complete state-by-state guide →

Affidavit of Heirship (Texas): Texas has a distinctive procedure — an Affidavit of Heirship signed by two disinterested witnesses who knew the deceased can be recorded to establish the chain of title from the deceased to the heirs, without any court proceeding. It's not technically an executor's deed but functions similarly for title purposes. The affidavit must be on file for at least 5 years before most title companies will insure based on it alone.

When none of the above mechanisms are in place — the property was titled solely in the deceased's name with no survivorship provision, no TOD deed, no trust, and no applicable small estate procedure — the property must pass through full probate. The probate court appoints a personal representative, supervises administration, and ultimately authorizes an Executor's Deed (also called an Administrator's Deed or Personal Representative's Deed) transferring title to the beneficiaries or a buyer.

The executor's deed differs from conventional deeds in one key way: it carries limited warranties. The executor is conveying property they never personally owned — they warrant that they have legal authority to convey it and that they haven't encumbered it during their administration, but they cannot warrant the full chain of title going back to original ownership. Buyers and their title companies understand this and insure accordingly.

To a beneficiary (inheritance): The deed conveys the property from the estate to the named beneficiary. The beneficiary receives a stepped-up basis to the date-of-death value. If multiple beneficiaries inherit equally, they become tenants in common — which may create the heir-dispute situations covered in our Can Siblings Force a Sale? → guide.

To a buyer (estate sale): The executor's deed conveys directly from the estate to the buyer at closing. Proceeds go to the estate account, debts are paid, then remaining funds distributed. See Selling a House in Probate →