The House Passed Without Probate
A house held in joint tenancy with right of survivorship belongs to the surviving owner. A house with a transfer on death deed recorded before the death goes to the beneficiary named in the deed. Either way, the house generally passes without probate, as long as the deed says so and the person it passes to is still living.
The new owner usually records proof of the death with the county so the title shows them as owner. A title company can say exactly what it needs before a sale or refinance.
Your steps, in order
- What to Do With an Inherited House in WashingtonKeep, rent or sell, and what each choice involves.
- Date-of-Death Valuation & Estate Property AppraisalsThe value at the date of death is generally your new tax basis.
- What Taxes Apply When Selling an Inherited House?Stepped-up basis, estate tax and the excise tax on a sale.
- Property Taxes After a DeathWho pays, and the October payment that comes with no new bill.
Watch out for
Read the deed's exact wording.
Joint ownership passes to the survivor only if the deed says right of survivorship. Tenants in common, a beneficiary who died first, or owners who died together can send the house back through probate. If the deed is unclear, a probate attorney can confirm the path.
The deed must have been recorded before the death.
A transfer on death deed signed but not recorded with the county auditor in time does not work.
Medicaid can claim against the house.
If the person received Medicaid long-term care at 55 or older, the state can seek repayment from the estate and from property that passed outside probate.
Looking for a figure or a rule? See Deadlines & key rules or the glossary. General information, not legal advice; Real Property Planning does not refer clients to attorneys.