BiggerPockets

I have a deal on hand with estate property but the name on the deed is the decedent. I like to know if I like to have the deal close, can the relative sign the title transfer on behalf of the decedent or the relative needs to do the title transfer first. Any commend on this issue would be great help. Thanks. :D

The estate's executor or personal representative will have the duty of acting on behalf of the estate in matters such as this.

If the property was held by more than one person on title, then how title was held will come into play. This means understanding the differences between tenants in the entirety (joint tenants with rights of survivorship) and tenants in common (ownership is and remains divided even after death of one of the owners).

Use a title company and let them worry about it!

Don and Ryan,

Thank you for the great suggestion. Wish me to have a great title agent to work with.

In cases like this (about 1/3 of my total business is inherited properties without a will), an affidavit of heirship is much quicker and cheaper than having to go through probate. Check with your attorney as to how it's done in your state. Here in TX, it's a quick two or three page questionaire that the heirs fill out regarding the decedent and their family history. The attorney uses the questionaire to prepare the affidavit that is signed by the heir and two disinterested people that knew the decedent. It's then notarized and filed (along with the death certificate) with the county records department. Once that's done, you've got that issue resolved and should be able to close.

Hi Jeremy and Dan,

Thank you for the great suggestion. Will consult with my attorney to see which way is most effective and easiest to do in S. CA.

I would instantly refer it to an attorney. I was under the impression that unless the person you wrote the contract with is the executor of the estate they don't have the power to sell the property. I dont think its much different in CA but I would absolutely run it by an attorney.

I would never refer it to an attorney BEFORE you go to a title agent. If a title agency will give you title insurance who cares about what an attorney thinks about it? Its the title company's issue, and that's why you get title INSURANCE. You are adding steps that are completely unnecessary and are a waste of your time and money.

Title insurance companies give title insurance for a reason. Talk to your title agent and do what they require to get title insurance and everything else is their problem not yours. There are many things that you have to worry about when wholesaling, why add another one that you already pay someone else to take care of?

Similar to Jaremy, I've also closed over a hundred houses with an affidavit of heirship. The title company provides title insurance and you go on your way to worry about more relevant issues.

Again each state's heirship laws are different and you should check with YOUR TITLE AGENT to find out what laws will apply. Title agents have title attorneys that specifically make the decision on YOUR files whether they will provide title insurance or not and what will be required to give title insurance. Asking anyone else is foolish and a waste of your time. You might as well go directly to the decision makers and not some attorney who will have nothing to do with your file.

Depending on the level of service of your title company and/or agent, the title agent will many times take care of the entire process of determining who is an heir and tracking down heirs for you. With my current title agent, I do little to nothing in tracking down heirs to clear up the title. She does it all.

Dan, thinking about it, it makes no sense that any title agency wouldn't dedicate their legal staff to research who needs to sign for what deal. That is exactly what a title insurance company does. They are the ones that determine who needs to sign so that they can issue title insurance. Intricacies of probate law is exactly what they specialize in. It IS their business. If the title company didn't do their due diligence in determining who owns what, then they would not last long in giving title insurance. There would be too many claims against their insurance and they would go bankrupt. Their business is determining who owns it, who the heirs are, what probate/heirship process needs to occur to transfer ownership properly, and who should sign after its all done so that title is properly transferred.

Where did she go? lol :D