After a loss
Retitling a house or car
Ownership has to move into someone's name. How depends on how it was held.
After a death, houses and cars still list the person as owner. Until the title is changed, they usually can't be sold, refinanced or properly insured by someone else. The process depends on how the property was owned.
The house
| How it was owned | What usually happens |
|---|---|
| Joint tenancy with right of survivorship | The surviving owner records a death certificate and sometimes an affidavit with the county recorder. |
| Transfer-on-death deed (available in some states) | The beneficiary records the death certificate and a form with the county recorder. |
| Held in a living trust | The successor trustee transfers or sells it under the trust's terms. |
| In the person's name only | Usually goes through probate. The executor transfers it with a new deed once the court allows. |
The car
Most state DMVs have a process for transferring a vehicle after the owner dies. It usually needs the title, a death certificate, and proof of who inherits it, such as letters testamentary, a small-estate affidavit or a transfer-on-death title. Some states allow a simple affidavit for cars below a certain value.
Loans
If there's a mortgage or car loan, it stays with the property. Payments are still due, and whoever inherits usually keeps up the payments, refinances, pays off the loan or sells. Federal law generally lets a relative who inherits a home keep the existing mortgage rather than having to pay it off right away.
Recording fees and forms vary by county and state. The county recorder's website and the state DMV site usually list exactly what they need.