Real Estate Transfer After Death: Key Steps for Executors

1. Property Assessment:
   • Identify the real estate properties owned by your loved one.
2. Determine Ownership Type:
   • Establish how the property is owned, whether through trust, co-ownership, will, TOD deed, or no specific arrangement.
3. Review State Procedures:
   • Familiarize yourself with your state's specific procedures for transferring real estate after death.
4. Trust Ownership:
   • If in a trust, work with the trustee to ensure proper transfer to the beneficiary.
5. Co-Ownership with Right of Survivorship:
   • If applicable, the surviving co-owner should file an affidavit and death certificate with the county.
6. Property in a Will:
   • Follow the probate process as outlined in the will. Beneficiaries assume ownership at the end.
7. Transfer-on-Death (TOD) Deed:
   • If a TOD deed exists, the specified new owner should file necessary documents with the county.
8. Intestate Succession:
   • If no specific arrangements are made, and the property isn't in a will, it goes through probate.
   • Work with the court to determine the new owner(s) or consider the property's sale.

Notes

• The process for transferring real estate after your loved one's death varies based on ownership and the will.
• Different states may have slight variations in procedures.
• Transfer methods include trust ownership, co-ownership with the right of survivorship, property included in a will, transfer-on-death (TOD) deed, and intestate succession.

Types of Property Ownership:

1. Trust Ownership:
   • Property in a trust is transferred to the trustee, who may create a new deed to transfer it to the beneficiary.
2. Co-Ownership with Right of Survivorship:
   • The surviving co-owner inherits the property.
   • An affidavit and death certificate copy should be filed with the county.
3. Property Included in a Will:
   • Property mentioned in a will goes through probate.
   • Beneficiaries assume ownership at the end of the probate process.
4. Transfer-on-Death (TOD) Deed:
   • TOD deed specifies a new owner who files an affidavit and death certificate copy with the county.
5. No Specific Arrangements (Intestate Succession):
   • If none of the above circumstances apply, and the property was not included in a will, it goes through probate.
   • The court determines inheritance based on intestate succession laws.

An in depth look at the what/how of real estate transfer can be found here, an article from AllLaw.com.