What if a deceased owner is still on title?

All current owners of record—or authorized representatives—must be able to sign the Home Equity Investment agreement at closing. If a deceased person is still listed on the property title, we may not be able to move forward with the application. It depends on how the title is held.

In some cases, the title vendor can execute and record a transfer deed or affidavit of death at the time of closing. You would need to hold the title with right of survivorship, joint tenancy, or tenants by the entirety—and the title company would need to confirm that probate is not required. If this applies, you'll need to bring the original or certified death certificate to your notary signing appointment.

In other cases, the title must be updated before we can move forward. This typically means providing one of the following:

  • Recorded probate documents

  • An affidavit of heirship

  • An updated deed that transfers ownership

If we can't move forward and close your application, you can respond to the decision email with updated ownership documents for a review of your application. Otherwise, you can reapply when you're ready.