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How to Change Title to Real Estate After a Spouse Dies

When you own real property jointly with your spouse, you have what is called a "right of survivorship."  This means that title to the property automatically transfers to the surviving spouse upon the death of the first spouse.

This seems simple enough, but many people have questions about whether you have to actually do anything to document the change in ownership.

The short answer is yes, but it is only really necessary when you go to sell or transfer the property to someone else, or try to refinance the property.  This is because a buyer or a lender is going to want to see clear title in your name before entering into a transaction.

It is, however, very simple.  You just need to record the death certificate at the registry of deeds in the county where the property is located, along with an affidavit stating that you and the decedent were still married at the time of death (this is called an "affidavit of no divorce").  Registry staff can help make sure you file this correctly, so that it will appear on future title searches of your deed.

If you owned property jointly with someone other than a spouse, the same process will apply (except for the affidavit of no divorce) if you held the property as joint tenants.  If you instead held it as tenants in common, you will have to go through the probate process to transfer title.


Learn more here about the Probate Court process in Massachusetts.

Need Help With a Parent's Estate?

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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws >
      • Overtime Law >
        • Overtime Exemptions
        • Employee Travel Time
        • Federal or State Overtime Law
      • Massachusetts Wage Act >
        • Payment of Commissions
        • Wage Deductions
        • Late Payment of Wages
        • Paid Time Off
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog