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The Title Tip of the Week this week discusses the issues
involved in determining who may sign the deed and transfer title when the
seller, or one of the sellers is deceased. When the Seller is Deceased It should not be assumed that the spouse or child of the
deceased person will automatically take title to the property. A number
of factors affect this including how the deceased person took title to the
property, whether the deceased person left a will, whether the will is
probated, and and who the heirs of the deceased are. First, a copy of the death certificate will usually be required
by the title company. This can be found in the Vital Records office in
the county where the deceased party died. Next, the deed which transferred title into the deceased will be
reviewed. If the property was held as Joint Tenants with Right of
Survivorship (JTROS) or as Tenants by the Entireties, the property will
automatically pass to the surviving tenant. The title company may
require that the surviving tenant sign an affidavit of joint tenancy which
will go on record prior to the deed to the purchaser. If property was owned by the deceased individually or if held
with others as Tenants in Common, the property or a portion of it will pass
to the heirs or devisees of the deceased. In this situation, the title
company will need to see a copy of the will, if there is one, and will need
to ascertain the names and relationship of all heirs at law of the deceased. Probate of the deceased person's estate may be required, and in
some cases a court order may be necessary to transfer the property.
Examples of when probate may be requied include if the deceased left no will
and his or her heirs include minor children, or if one of the heirs at law
objects to the property transfer. Depending on ownership and whether the estate has been probated,
all heirs and the surviving spouse of the deceased may be required to sign
the deed to transfer any potential interest in the property. If you
suspect this may be necessary, please give the title company ample time to
deal with any out of town heirs. The proceeds of the sale may need to be held in an escrow
account by the title company until any potential claims period has expired. Any questions can be directed to
Benchmark Title at 618-239-3750. Please feel free to call or email:
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departments of a variety of title companies in the St. Louis area as a
Processor, Closer and Branch Manager before joining Benchmark Title as
VP and Escrow Manager in February 2002. In this capacity she is
responsible for three closing offices and the construction disbursing
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