6 Estate Planning Considerations To Help Prevent Delays on an Inherited Home
Inheriting property such as a home is not as squeaky clean of a process as it might sound. In fact, nearly 1 in 5 heirs reported title or ownership problems, according to a 2026 Trust & Will survey. Another 20% reported probate or court delays, with most tracing them back to the same avoidable mistakes.
Below, we'll discuss six common paperwork errors, according to experts, so you can prepare accordingly if you are in line to be the recipient of a home in the future.
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1. A Will Doesn't Transfer Property
A will simply tells the probate court how to do it. The executor, usually a family member named in the will, still has to file paperwork, notify creditors and settle debts before anything moves. That process can take months, even when everything goes right.
2. The Deed Decides Everything
How the title was held at death determines everything that follows. If the home was held in a living trust, the person named to manage the trust can transfer it in a matter of weeks. If it was in the deceased's name alone, the estate goes to probate.
Joint ownership can go either way depending on how the deed is worded. "If the deed says 'tenants in common' instead of 'joint tenants with the right of survivorship,' it's going to get tossed to probate," said Nicole Israel, estate planning, probate and elder law attorney at the Law Office of Nicole Israel. Check the deed first, as everything else depends on it.
3. An Unfunded Trust Is No Trust at All
A living trust is a legal arrangement that holds your assets and passes them to heirs without going through probate. However, it only works if the property was actually retitled into the trust before death.
"An unfunded trust is the equivalent of buying moving boxes and then forgetting to pack your home's belongings," said T.L. Turnipseed, head of personal trusts at Alta Trust Company.
4. Photocopies Will Get Rejected
Banks, title companies and probate courts require certified originals with an official government stamp. Order at least eight to 10 certified death certificates right away. They get harder and more expensive to obtain over time.
5. The First Spouse's Death Matters, Too
When the first spouse dies, many surviving spouses stay in the home and assume everything is fine. Yet, depending on how the deed is worded, the deceased spouse's name may still need to be formally removed. Leave it and the title is incomplete.
Years later, when heirs try to sell, the title company can't clear ownership without proof the estate was properly settled. That means going back to court, and it can delay a sale for months.
6. The Bills Don't Wait for Probate
Property taxes and insurance don't pause while the estate gets sorted. Most people don't realize homeowners policies can void when the named insured dies, leaving the property uninsured until someone catches it. Heirs are on the hook for all of it before they have any legal authority to sell.
"That can put a huge burden on the heirs," said Teresa De Ford, founding attorney at De Ford Law Firm.
Documents To Gather Right Away
Here are several documents to be sure you have in order when inheriting property:
Certified death certificates (8 to 10 copies)
Original will and any trust documents
Current recorded deed
Mortgage and property tax statements
Homeowners insurance policy
Any transfer-on-death or beneficiary deed
This article was provided by MoneyLion.com for informational purposes only and should not be construed as financial, legal or tax advice.
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