Joint ownership and life estates

On the deed with a parent, or a life estate? It changes what happens next.

How the deed was written decides whether the house goes through the estate at all. Sometimes the house passes directly to a surviving owner; sometimes part of it still has to go through probate. Here's how the common situations work.

Common deed situations

How the house passes.

Joint owners "with right of survivorship"

When one owner dies, the surviving owner generally owns the whole house automatically, without probate for the house. To sell, the title company will usually ask for a death certificate and, in many cases, an inheritance tax waiver.

Married couples

Spouses often own as tenants by the entirety. When one spouse dies, the other generally owns the house outright.

Owners as "tenants in common"

Each owner has a share. When one dies, their share passes through their estate, so probate is usually needed for that share before the house can be sold.

A parent kept a life estate

If a parent deeded the house to children but kept the right to live there for life, the children generally own it outright when the parent dies, without probate for the house. A tax waiver and other paperwork may still be needed.

Worth knowing

A few things to check.

The exact wording of the deed matters, so the first step is pulling a copy, which is easy to do. New Jersey's Medicaid estate recovery can, in some cases, reach property that passed outside probate. Taxes on a later sale can also differ depending on how and when you were added to the deed, so it's worth asking your accountant.

We can look at the deed with you, explain what it likely means, and connect you with an experienced estate attorney we trust if part of the house still needs to go through the estate.

Medicaid estate recovery →  ·  Inheritance tax waiver →

How we help

Private, patient and organized.

One person, start to finish

You deal with one person at Gembrook from the first call to closing, and we explain each step in plain language.

The right estate attorney

We connect your family with an experienced New Jersey estate attorney we trust, who represents the estate, and we coordinate the rest.

Costs covered

When your family sells the property to us, we can cover the probate costs, including the attorney's fees, as part of our purchase.

Each heir, privately

We speak with each heir on their own, so no one has to negotiate as a group.

Common questions

If I'm on the deed with my parent, do I need probate to sell?

If the deed gives joint ownership with right of survivorship, the house generally passes to you automatically, without probate for the house. The title company will usually want a death certificate and often an inheritance tax waiver.

What if we owned the house as tenants in common?

The deceased owner's share passes through their estate, so probate is usually needed for that share before the house can be sold.

My parent kept a life estate. Who owns the house now?

Generally the people named to receive it, often the children, own it outright when the parent dies, without probate for the house.

How do I find out how the deed is written?

We can help you pull a copy of the deed and look at it with you.

General information only, not legal or tax advice. Every estate is different. We can guide you and connect you with an experienced New Jersey estate attorney we trust.

Keep reading

Related answers.

House still in a parent's name →  ·  All situations →  ·  Estate glossary →

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