Check out some similar questions!

jesern18 · Sep 10, 2014, 03:52 PM

My dad passed away about a month ago and did not have a will. My sister and I are the only living immediate family members. How do I transfer the title of his house to me? He has an outstanding equity loan and I want to refinance it but I am not sure if I need to transfer the house title to my name before I refinance. Please advise!

ballengerb1 · Sep 10, 2014, 04:30 PM

This varies state to state but you should consult an attorney about probate. http://www.nolo.com/legal-encycloped...res-32442.html

ma0641 · Sep 10, 2014, 04:44 PM

Your father died "intestate". The state where you live will most likely now be making decisions for you, unfortunately. The house will be probated. What % is the equity line?

Fr_Chuck · Sep 10, 2014, 06:01 PM

Agreed, the house will go into probate. I will assume your mom is also deceased?

But the house would go, normally to you and sister, not just you, unless the two of you can agree on it.

At probate, the deed and proper is transferred. Though probate, you may continue the current loan, or see about refinancing.

AK lawyer · Sep 11, 2014, 07:00 AM

... and I want to refinance it but I am not sure if I need to transfer the house title to my name before I refinance ...

Yes, you will need to have the title in your name before the bank will loan you money secured by the property.

Originally Posted by ma0641

Your father died "intestate". The state where you live will most likely now be making decisions for you, unfortunately. The house will be probated. What % is the equity line?

This response can be misleading, as it suggests that "the state" will automatically sort things out. Not true. OP must file an application with the probate court. The court (not "the state") will be making these decisions, once OP has invoked the probate process. OP should consult with an attorney.

Originally Posted by Fr Chuck

But the house would go, normally to you and sister, not just you, unless the two of you can agree on it.

Or you could refinance and buy the house, with your sister to be paid for her share out of the proceeds. This is normally the better way to do it; otherwise eventually you or your heirs (and your sister or her heirs) will want to dispose of your respective interests. It is normally best to do that now.