After a judge has approved the Petition for Final Distribution, also known as Order on Final Distribution, and no one has contested the distribution plan in Probate Court, real estate property can finally be transferred to Beneficiaries.

Typically, property is transferred in the following ways:

If the property was jointly owned

• This is property held "as joint tenants" or "with rights of survivorship"


• A surviving owner of a jointly held property automatically becomes the owner of the deceased's portion of the property


• Each state has their own rules about to finalize the transfer, but typically it involves submitting an Affidavit of Death of Joint Tenant and Preliminary Change of Ownership Report to the recorder's office in the county where the real property is located, along with a copy of the original property deed and Death Certificate

If all owners of the property have died

• If Beneficiaries have been named in a Will, prepare a new deed in the Beneficiary's name, also known as the Executor's Deed


• Submit it to the county registrar's office where the property is located along with a copy of the Death Certificate and notarized Affidavit provided by Probate Court


• If no Will exists, or no Beneficiaries have been named and the property is in dispute, a document called an Administrative Deed, also known as an Deed of Distribution is required


• It will name the Beneficiary as evidence of new ownership


• These forms are typically provided by Probate Court

If the property is located in a Community Property State

• These are state laws that consider money earned and property bought by one person to be equally owned by a spouse


• In these states, Heirs or Beneficiaries would need to contest the transfer of ownership in court if different ownership were requested

Because different types of property transfer differently, speak with an attorney or other real estate service professionals for support.

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