There is no universal time limit dictating how long it takes to transfer property to a beneficiary after someone dies. The transfer could be fast, or it might take years to complete, depending on the circumstances we’ll discuss below.
Probate and how it affects property transfer
The first step in determining when property can be transferred after someone’s death is to look at the deed. If the deed is in the name of a trust, has a beneficiary, or is held jointly, then the property can typically pass to the beneficiary without the need to go to court. Depending on your state, this transfer can happen within a matter of weeks. But, if the property is in the name of the decedent, then the property will need to be transferred as part of the probate court process. The probate process can take anywhere from a few months to a year or more.
Probate is a legal process through which claims against the estate are resolved and the decedent’s estate assets are appraised and distributed to beneficiaries and heirs. If there is a will, the property is distributed to the named beneficiaries. If there is no will, the property is distributed to family members according to state laws (known as intestacy laws).
The probate court will appoint an executor or administrator to handle the decedent’s estate. An executor usually must use the estate’s assets to pay off any of the estate’s debts before distributing the remaining assets to the beneficiaries.
State timelines for transferring property after death
Timelines for transferring property after the owner’s death vary by state and can range from a few months to over a year.
For example, the average duration of probate in South Carolina is six to eight months, while the process typically takes nine to 18 months (or longer) in California. In Maryland and Alaska, the probate process generally lasts anywhere from six months to a year or more.
Factors that determine how long it takes to transfer property
Several factors can contribute to the duration of property transfer after death, including estate complexity and conflicts among beneficiaries.
Estate complexity
The amount and types of assets an estate contains can affect how long the probate process takes.
Laws regarding estate size and the probate procedures available vary by state. Some states offer expedited probate procedures for less complicated estates or allow smaller estates to skip the probate process entirely.
For example, in Alabama, individuals legally entitled to an estate may be able to bypass a lengthy probate process as long as the following requirements are met:
- The estate’s value is less than $36,030
- The decedent was an Alabama resident when they died
- There are no petitions for the appointment of a personal representative
- 30 days have passed since the notice of the filing of the petition was published
- The decedent’s funeral expenses have been paid or there is a plan in place to pay them
- The decedent died intestate, and the judge determined the awards due to their surviving spouse and children
- The decedent’s will has been filed
- Claims against the decedent’s estate have been paid or there is a plan in place to pay them
Court caseloads
If the probate court is overloaded with cases, it may take weeks or even months to schedule necessary court dates.
Presence of a will
If the property owner dies without a valid will, the probate court may require extra time to determine who property ownership should be transferred to.
State intestate succession laws identify who has a right to inherit property if the owner dies without a will.
Disputes among beneficiaries
Disputes among beneficiaries can prolong the probate process. Beneficiaries may disagree about how assets should be distributed or whether the most recent will is valid.
The following situations can delay probate:
- The will is unclear
- There are multiple wills
- The will leaves out certain family members
- An interested party believes the will was forged or made under duress
Taxes
The executor or administrator must use the estate’s assets to pay any applicable taxes before they can distribute the remaining assets to the beneficiaries. The estate may owe property taxes, federal and state estate taxes, income taxes, and gift taxes.
We’ll help guide you through your estate plan—whether you need a will or trust.
Why you should arrange estate plans early
You can simplify the transfer of property by creating an estate plan that establishes who you will leave your property to and how assets will be distributed.
Benefits of creating a will
A will is a legal document that explains who your beneficiaries are and how your assets should be distributed after your death. The typical process for creating a will involves writing down your final wishes and listing your assets and beneficiaries. You should sign your will according to the laws of your state, which typically involves signing in front of witnesses. To ensure your will is valid, it’s best to work with an estate planning service or attorney.
Benefits of creating a trust
A trust is a legal setup that enables a third party to hold and distribute your assets. Trusts are often used to avoid probate or minimize taxes. When you create a trust, you will transfer your assets into a trust account and assign a trustee to administer the account to your beneficiaries.
Other estate planning options to consider
Another option is naming your beneficiary on a transfer on death (TOD) deed. Transfer on death deeds allow you to retain control of your property until you die, when ownership automatically passes to the beneficiary without having to go through probate.
The value of will and trust assessment
It’s a good idea to stay in touch with an estate planning attorney throughout the process of completing your will, trust, and estate plan. A will or trust assessment can help ensure you have chosen the most effective strategies to provide for your loved ones.
A lawyer who specializes in estate planning can help you establish a strong estate plan that streamlines the property transfer process, reducing stress and improving outcomes for you and your beneficiaries.
FAQs
How can I prevent foreclosure on inherited property?
The methods available to prevent foreclosure on inherited property depends on the lender, applicable laws, and your individual circumstances. It’s always best to contact the lender to learn about your options. If the house is going to be sold, the debt will typically need to be paid off as part of the sale. If the beneficiary is planning to keep the property, then the beneficiary will need to contact the lender to learn about the options for taking over the loan/mortgage.
How do I transfer property after the owner dies?
If the property is exempt from the probate process because it is owned by the trust, owned jointly, or has a beneficiary, then you will need to assist in the process of transferring the property to the beneficiary. You should strongly consider having an attorney help you with this. If the property needs to go through probate court (see above), your first step will be to ask the court to appoint an executor or administrator to handle the decedent's estate.
If you are named executor or administrator, you will be responsible for inventorying and assessing the decedent’s property, paying any bills or taxes, and identifying and administering the remaining assets to the heirs or beneficiaries.
Can a house stay in a deceased person's name?
No. If the property has a beneficiary or is owned by a trust, then a new deed will need to be created to show the new owner of the property. If the property needs to go through the probate court process, the house can stay in a decedent’s name until the probate process has been completed and ownership of the property has been transferred.
As soon as the probate court has determined the new owner, they must file a new deed for the house in their name. To file a new deed, the new owner usually needs to bring a copy of the death certificate and an order from the court proving ownership to the county recorder’s office.
What happens to a house when the owner dies, and there is no will?
If an owner dies and has no will, intestate laws typically transfer ownership to the decedent’s closest family members, such as surviving spouses or children. In the case that they have no immediate family, a court may track down extended family.
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