If I Inherited A House, How Do I Put It In My Name?

I Inherited A House How Do I Put It In My Name - How To Change A Deed When You Inherit Property - How To Transfer Inherited Property Into My Name

If I inherited a house, how do I put it in my name? 

In this article, you’ll learn about:

  • the step-by-step process of putting the inherited house in your name
  • some complications you could run into 
  • what to do when you inherit a house with a mortgage
  • what happens when a sibling refuses to sell an inherited property
  • how long a house can stay in a deceased person’s name
  • whether all heirs have to agree to sell a property

Let’s dig in.

Table of Contents

The Hive Law Has Been Featured In

Get A FREE Consultation!

We run out of free consultations every month. Sign up to make sure you get your free consultation. (Free $350 value.)

I Inherited A House How Do I Put It In My Name

Inheriting a house typically involves a legal process, and the exact steps can vary depending on:

  • where you are located
  • and the specifics of the inheritance 

However, here are the steps to take if you’ve inherited a house and want to put it in your name:

  • Confirm the Will: If there’s a will that states you’ve inherited the house, the executor of the will typically needs to validate or “probate” it in a court. Once the will is proven valid, the court will give the executor the authority to distribute assets, including transferring the house to your name.
  • Letters Testamentary or Letters of Administration: The executor might need to obtain these documents from the probate court, which gives them the legal authority to act on behalf of the deceased.
  • Death Certificate: Obtain a copy of the deceased person’s death certificate. This will often be required in legal processes surrounding inheritance.
  • New Deed: A new deed transferring the property from the deceased’s name to your name will need to be prepared. This is typically done by a lawyer or a title company. It should describe the property and indicate that you’re the new owner.
  • File the Deed: Once the deed is prepared and signed (and notarized if necessary), it should be filed with the county recorder’s office or the local office that handles property records in your jurisdiction. There might be a filing fee.
  • Settle Any Taxes: Depending on your location, you might owe inheritance tax, estate tax, or other taxes related to the property. Some places have exemptions or reductions in these taxes for property passed to direct relatives. You’ll need to check the specifics in your jurisdiction.
  • Get Insurance: If you’re going to keep the house, you’ll want to ensure it’s properly insured. Contact an insurance agency to get a policy in your name.
  • Deal with the Mortgage: If there’s a mortgage on the house, you’ll need to find out if it’s assumable (meaning you can take over the payments) or if you’ll need to refinance it into your name. Some loans have a “due on sale” clause, which means the full amount might be due when ownership changes.
  • Utility and Services Transfer: Don’t forget to transfer all utilities and services (like water, electricity, gas, internet, etc.) to your name.
  • Consult with Professionals: This is a broad overview, and there might be other specifics or nuances depending on where you are and the specific circumstances of the inheritance. Consulting with professionals like attorneys, tax advisors, and real estate agents can be invaluable to make sure you’re following all laws and best practices.

Remember, the legal process can vary considerably based on your country, state, or jurisdiction. 

Always make sure to familiarize yourself with the local laws or consult an estate planning attorney when inheriting property.

Read More: What Happens To A House When The Owner Dies And There Is No Will?

How Long Do You Have To Transfer Property After Death?

How long you have to transfer property after a death varies. 

If there’s a will, it’s often processed in probate court. 

This can take several months to a year or more. 

Without a will, the process depends on state laws. 

Property can be transferred right away if it’s held jointly or has a designated beneficiary. 

It’s important to check your local laws and work with probate lawyers to ensure a smooth transfer.

Can Property Be Transferred Without Probate?

Yes, property can be transferred without going through probate in certain situations. 

This often happens when a property:

These methods can help avoid the time and expense of the probate process. 

It’s advisable to consult estate lawyers to determine the best approach based on your specific situation and local laws.

Read More: How To Transfer A Property Deed From A Deceased Relative

What Do You Do When You Inherit A House With A Mortgage

Inheriting a house with a mortgage can lead to several options and considerations. 

Here are the steps you might need to take and some factors to keep in mind:

  • Assess the Mortgage Terms: Review the terms of the existing mortgage. Check the interest rate, remaining balance, monthly payments, and any other relevant details. This will give you a clear understanding of the financial obligation associated with the mortgage.
  • Contact the Lender: Inform the mortgage lender about the passing of the property owner and your new ownership status. They will guide you through the necessary steps to update the mortgage account and provide information about your options.
  • Decide on the Property: Determine whether you want to keep the inherited property or not. This decision depends on various factors, including your financial situation, your attachment to the property, its condition, location, and current real estate market conditions.
  • Continue Making Payments: Until you make a decision about the property, you should continue making the mortgage payments to avoid defaulting on the loan. Falling behind on payments could have negative consequences for your credit score and may lead to foreclosure.
  • Refinance or Assume the Mortgage: Depending on your financial circumstances and the terms of the existing mortgage, you might consider refinancing the mortgage in your name. This would involve applying for a new mortgage based on your creditworthiness. Alternatively, if the mortgage terms allow for it, you might be able to assume the existing mortgage, which means you take over the loan without refinancing.
  • Sell the Property: If you decide not to keep the inherited property, you could sell it. The proceeds from the sale can be used to pay off the remaining mortgage balance. If the property’s value is lower than the remaining mortgage, you might need to cover the difference, unless the lender agrees to a short sale.
  • Consult Professionals: It’s a good idea to consult with legal and financial professionals, such as an estate attorney and a financial advisor, to understand the legal and financial implications of inheriting the property and dealing with the mortgage. They can provide guidance tailored to your specific situation.
  • Estate Taxes: Depending on the jurisdiction and the value of the estate, you might also need to consider potential estate taxes associated with inheriting the property.
  • Communication with Other Heirs: If there are other heirs involved, ensure that you communicate and make decisions collectively, considering everyone’s input and interests.

Read More: What Happens To A House In A Trust After Death?

Complications Of Inheriting A House And Putting It In Your Name

Putting an inherited house in your name might involve complications such as:

  • Mortgage Transfer: If there’s an outstanding mortgage, transferring the property into your name could trigger the “due on sale” clause, requiring the loan to be paid off immediately.
  • Property Taxes: Transferring ownership might lead to a reassessment of property taxes, potentially resulting in higher tax obligations.
  • Title Issues: Unresolved title problems, like liens or disputes, could delay or complicate the ownership transfer process.
  • Inheritance Tax: Depending on your location, you might need to pay inheritance tax on the property, impacting your finances.
  • Probate Process: If the property is still in probate, legal procedures might delay the transfer and create administrative hurdles.
  • Capital Gains Tax: If you sell the property later, you could be subject to capital gains tax based on the property’s appreciated value.
  • Maintenance Costs: Owning the property means assuming maintenance and repair expenses, impacting your budget.
  • Family Disputes: Ownership changes could lead to disagreements among heirs over property distribution.
  • Estate Debt: The property might be used to settle outstanding debts from the deceased’s estate.
  • Insurance Changes: You’ll need to adjust insurance coverage to reflect the change in ownership.
  • Local Regulations: Zoning or land use regulations might restrict property use, affecting your plans.

FAQs About Inheriting A House And Putting It In Your Name

Here are other questions our clients ask us about inheriting property. 

If You Inherit A House Do You Inherit The Contents?

Yes, when you inherit a house, you usually inherit the contents as well. 

This includes furniture, belongings, and other items inside the house. 

However, it’s essential to communicate with other heirs and clarify any agreements about the distribution of these contents.

What Happens When One Sibling Is Living In An Inherited Property And Refuses To Sell?

​​If one sibling lives in an inherited property and refuses to sell, your options are:

  • Ownership Sharing: The siblings may have joint ownership of the property.
  • Communication: Open communication is crucial to reach an agreement.
  • Buyout: Siblings living there might buy out the others.
  • Mediation: If disagreements persist, mediation can help.
  • Partition Lawsuit: Legal action to force a sale is possible.
  • Compromise: Finding a middle ground is preferable.
  • Legal Advice: Consulting an attorney is recommended.

Can A House Stay In A Deceased Person's Name?

No, a house cannot stay in a deceased person’s name. 

After someone dies, the property ownership needs to be transferred. 

The legal process involves updating the property title to the name of the new owner.

This is often through a probate or inheritance process. 

This ensures clear ownership and prevents complications.

Is There A Time Limit On Selling Inherited Property?

In general, there’s no strict time limit for selling inherited property. 

You can sell it whenever you choose. 

However, there are factors to consider. 

Holding onto the property could lead to tax implications

Also, ongoing costs like maintenance and property taxes can add up. 

It’s wise to decide on selling relatively soon, but the choice is yours. 

Just be mindful of potential financial and tax consequences.

Do All Heirs Have To Agree To Sell Property?

No, not all heirs have to agree to sell a property

If the property is owned jointly, all owners need to agree. 

But if the property owner passed away and you inherited it, you might have the authority to decide. 

Check the heir property laws in your area. 

If there’s disagreement, legal action might be needed to force a sale. 

It’s good to communicate openly with other heirs and consider everyone’s wishes.

Read More: Can Someone Sell A House If Your Name Is On The Deed?

Get Help Transferring A Deed

If you want help to transfer a deed from a deceased relative, fill out the form below. 

At The Hive Law, we understand the importance of:

  • protecting your hard-earned assets 
  • ensuring your family’s future
  • not losing everything to creditors and lawsuits
  • properly (and legally) distributing assets 

We only accommodate a limited number of clients each month.

So don’t miss your opportunity to work with our estate planning lawyers.

Benefits of our estate services:

  • Tailored solutions to fit your unique needs and goals
  • Expert guidance in navigating complex tax and legal matters
  • Preservation of your wealth for future generations
  • Streamlined asset distribution according to your wishes

Avoid the pitfalls of inadequate estate planning strategies:

  • Creditors seizing your assets
  • Lawsuits jeopardizing your family’s financial security
  • Family disputes over inheritance
  • Costly and time-consuming probate processes

Talk soon.

Get A FREE Consultation!

We run out of free consultations every month. Sign up to make sure you get your free consultation. (Free $350 value.)

Share This Post With Someone Who Needs To See It