What we verified in “Wills, transfer-on-death deeds and inheriting a home”

Statements and where we checked them

The statements with rules, figures or dates, with the exact place in the source and the date we checked them.

1. Under Florida law, any part of a decedent's estate not effectively disposed of by will passes to the decedent's heirs as the code prescribes, and the death is the event that vests the heirs' right.

   Sources 1 · Florida Statutes §732.101: 'Any part of the estate of a decedent not effectively disposed of by will passes to the decedent’s heirs as prescribed in the following sections of this code'; 'death is the event that vests the heirs' · Checked October 17, 2026

2. Under Florida law, every will must be in writing; the testator must sign it at the end (or another person may sign the testator's name in their presence and at their direction), in the presence of at least two attesting witnesses, and the witnesses must sign in the presence of the testator and of each other; no particular form of words is needed if those formalities are followed.

   Sources 2 · Florida Statutes §732.502(1) and (4): 'Every will must be in writing'; 'The testator must sign the will at the end'; 'must be in the presence of at least two attesting witnesses'; 'The attesting witnesses must sign the will in the presence of the testator and in the presence of each other'; 'No particular form of words is necessary to the validity of a will' · Checked October 17, 2026

3. Under Arizona law, a paper will must be in writing, signed by the testator (or by another person in the testator's conscious presence and at their direction) and signed by at least two people who witnessed the signing or the testator's acknowledgment of it.

   Sources 3 · Arizona Revised Statutes §14-2502(A): 'In writing'; 'Signed by the testator or in the testator's name by some other individual'; 'Signed by at least two people' · Checked October 17, 2026

4. Under Arizona law, a will that does not meet the witnessed-will requirements is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the testator's handwriting.

   Sources 4 · Arizona Revised Statutes §14-2503: 'is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator' · Checked October 17, 2026

5. Under Florida law, as provided by the state constitution, the homestead may not be devised by will if the owner is survived by a spouse or a minor child or children, except that it may be devised to the spouse if there is no minor child.

   Sources 5 · Florida Statutes §732.4015(1): 'the homestead shall not be subject to devise if the owner is survived by a spouse or a minor child or minor children, except that the homestead may be devised to the owner’s spouse if there is no minor child or minor children' · Checked October 17, 2026

6. Under Arizona law, a beneficiary deed that expressly states it is effective on the owner's death transfers the property to the designated beneficiary when the owner dies, subject to existing mortgages, liens and other encumbrances; it may name multiple beneficiaries; it is valid only if executed and recorded with the county recorder where the property is located before the owner's death; the owner may revoke it at any time by recording a revocation before death; if there are several, the last one recorded before death controls; the beneficiary's signature, consent or notice is not required during the owner's life; and a will does not revoke it.

   Sources 6 · Arizona Revised Statutes §33-405(A), (B), (E), (F), (G), (I) and (J): 'expressly states that the deed is effective on the death of the owner transfers the interest to the designated grantee beneficiary effective on the death of the owner subject to all conveyances, assignments, contracts, mortgages, deeds of trust, liens'; 'A beneficiary deed may designate multiple grantees'; 'A beneficiary deed is valid only if the deed is executed and recorded as provided by law in the office of the county recorder of the county in which the property is located before the death of the owner'; 'A beneficiary deed may be revoked at any time by the owner'; 'the last beneficiary deed that is recorded before the owner'; 'The signature, consent or agreement of or notice to a grantee beneficiary of a beneficiary deed is not required for any purpose during the lifetime of the owner'; 'is not revoked by the provisions of a will' · Checked October 17, 2026

7. Under Washington law, a person may transfer property to one or more beneficiaries effective at death with a transfer on death deed; the deed is revocable even if it says otherwise and is nontestamentary; making or revoking one takes the same capacity as making a will; it must state that the transfer occurs at death and be recorded before death with the auditor of the county where the property is located; it needs no notice, delivery, acceptance or payment during the owner's life; during the owner's life it does not affect the owner's right to sell or encumber the property or give the beneficiary any interest in it; the beneficiary takes the property subject to the mortgages, liens and other interests on it at death; and the beneficiary is liable for allowed claims against the estate as state law provides.

   Sources 7 · Revised Code of Washington, chapter 64.80, §§64.80.020, .030, .040, .050, .060, .070, .090, .100 and .120: 'An individual may transfer property to one or more beneficiaries effective at the transferor's death by a transfer on death deed'; 'A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision'; 'A transfer on death deed is nontestamentary'; 'The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will'; 'Must be recorded before the transferor's death in the public records in the office of the auditor of the county where the property is located'; 'Notice or delivery to or acceptance by the designated beneficiary during the transferor's life'; 'Affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property'; 'Create a legal or equitable interest in favor of the designated beneficiary'; 'a beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests'; 'is liable for an allowed claim against the transferor's probate estate' · Checked October 17, 2026

8. Under the federal Garn-St Germain Act, for a loan secured by residential property with fewer than five dwelling units, a lender may not exercise a due-on-sale clause upon a transfer by devise, descent or operation of law on the death of a joint tenant or tenant by the entirety; a transfer to a relative resulting from the death of a borrower; a transfer where the borrower's spouse or children become owners; or a transfer into an inter vivos trust in which the borrower is and remains a beneficiary. A due-on-sale clause is the contract provision that lets a lender declare the debt due if the property is sold or transferred without its consent.

   Sources 8 · 12 U.S.C. §1701j-3(a)(1) and (d): 'a contract provision which authorizes a lender, at its option, to declare due and payable sums secured by the'; 'With respect to a real property loan secured by a lien on residential real property containing less than five dwelling units'; 'a lender may not exercise its option pursuant to a due-on-sale clause upon'; 'a transfer by devise, descent, or operation of law on the death of a joint tenant or tenant by the entirety'; 'a transfer to a relative resulting from the death of a borrower'; 'a transfer where the spouse or children of the borrower become an owner of the property'; 'a transfer into an inter vivos trust in which the borrower is and remains a beneficiary' · Checked October 17, 2026

9. Under Regulation X, a successor in interest is a person who receives from a borrower an ownership interest in the property securing the loan through certain transfers, including a transfer to a relative resulting from the death of a borrower or one where the borrower's spouse or children become owners; and a confirmed successor in interest is one whose identity and ownership interest the servicer has confirmed.

   Sources 9 · 12 CFR §1024.31: 'Successor in interest means a person to whom an ownership interest in a property securing a mortgage loan subject to this subpart is transferred from a borrower'; 'A transfer to a relative resulting from the death of a borrower'; 'A transfer where the spouse or children of the borrower become an owner of the property'; 'Confirmed successor in interest means a successor in interest once a servicer has confirmed the successor in interest' · Checked October 17, 2026

10. Under Regulation X, a confirmed successor in interest is considered a borrower for purposes of section 1024.17 (escrow accounts) and the mortgage servicing rules in that subpart.

    Sources 10 · 12 CFR §1024.30(d): 'A confirmed successor in interest shall be considered a borrower for purposes of' · Checked October 17, 2026

11. Under Regulation X, when a person sends a written request indicating they may be a successor in interest, with the name of the borrower they received the property from and information to identify the account, the servicer must respond with a written description of the documents it reasonably requires to confirm their identity and ownership interest, and contact information including a telephone number.

    Sources 11 · 12 CFR §1024.36(i)(1): 'any written request from a person that indicates that the person may be a successor in interest'; 'includes the name of the transferor borrower'; 'a servicer shall respond by providing the potential successor in interest with a written description of the documents the servicer reasonably requires to confirm the person'; 'contact information, including a telephone number, for further assistance' · Checked October 17, 2026

12. Under Regulation X, a servicer's policies and procedures must be reasonably designed so that, on learning of a borrower's death or a transfer of the property, it promptly facilitates communication with potential successors; promptly tells them which documents it needs to confirm their identity and ownership and how to submit a written request; and, once it receives the documents, promptly decides and tells them whether it has confirmed them, needs more documents (and which ones), or has determined they are not a successor.

    Sources 12 · 12 CFR §1024.38(b)(1) and (b)(1)(vi)(A)–(C): 'shall be reasonably designed to ensure that the servicer can'; 'Upon receiving notice of the death of a borrower or of any transfer of the property securing a mortgage loan, promptly facilitate communication with any potential or confirmed successors in interest regarding the property'; 'promptly provide to the potential successor in interest a description of those documents'; 'promptly make a confirmation determination and promptly notify the person' · Checked October 17, 2026

13. According to the CFPB, if you inherited a home you should inform the loan servicer, the company that sends the monthly mortgage statement; to get account information you may need to show proof of your right to the home, which in an inheritance might include a copy of the executed will and the death certificate or a letter from the executor; the servicer should tell you what proof it needs, and the proof you can get may vary from state to state; you can ask how to continue making payments or how to seek a loan modification; you may also want to consult an attorney or a HUD-approved housing counselor, or call the HOPE Hotline, open 24 hours a day, at (888) 995-4673.

    Sources 13 · How do I get mortgage information about a home I inherited? (last reviewed Sep 11, 2024): 'You should inform the loan servicer'; 'The mortgage servicer is the company that sends the monthly mortgage statement'; 'you may need to show the mortgage servicer proof of your right to the home'; 'a copy of the executed will and the death certificate or a letter from the executor'; 'The mortgage servicer should tell you what kind of proof it needs'; 'The proof that you can get may vary from state to state'; 'how you can continue making payments on the loan or how you can seek a loan modification'; 'You may also want to consult an attorney or a housing counselor'; 'open 24 hours a day, seven days a week, at (888) 995-HOPE (4673)' · Checked October 17, 2026

14. According to the CFPB, if you already have title to the house, for example through inheritance, a transfer from parents to children before the parent dies, or joint tenancy with right of survivorship (where a co-owner gets full ownership when the other dies), the CFPB's rules do not require the lender or servicer to determine your ability to repay before letting you take over the mortgage loan.

    Sources 14 · I recently inherited a house. The mortgage lender said it's required to determine my ability to repay before it will let me take over the mortgage loan. Is this true? (last reviewed Feb 02, 2024): 'Not necessarily'; 'If you already have title to the house'; 'require the lender or servicer to determine your ability to repay before it lets you take over the mortgage loan'; 'Transfers from parents to children before the parent dies'; 'when someone who co-owns a home with someone else gets full ownership when the other person dies'; 'When the borrower already has the title to the house before they take on the mortgage loan, a lender or servicer is not required to evaluate the ability to repay the loan' · Checked October 17, 2026

15. According to IRS Publication 551, the basis of inherited property is generally its fair market value (FMV) at the date of death (or other values in special cases, such as the alternate valuation date if the estate's personal representative chooses it); by contrast, to figure the basis of property received as a gift, you must know the donor's adjusted basis just before the gift, its FMV at the time of the gift and any gift tax paid on it.

    Sources 15 · Publication 551 (12/2025), 'Inherited Property': 'Generally, the basis of property inherited from a decedent is one of the following'; 'The FMV of the property at the date of the individual's death'; 'The FMV on the alternate valuation date if the personal representative for the estate chooses to use alternate valuation'; 'Property Received as a Gift': 'you must know its adjusted basis'; 'to the donor just before it was given to you, its FMV at the time it was given to you, and any gift tax paid on it' · Checked October 17, 2026

16. According to IRS Publication 530, basis is your starting point for figuring a gain or loss if you later sell your home.

    Sources 16 · Publication 530 (for use in preparing 2025 returns): 'Basis is your starting point for figuring a gain or loss if you later sell your home' · Checked October 17, 2026

17. According to the USDA, heirs' property is family-owned land jointly owned by descendants of a deceased person whose estate did not clear probate; the heirs have the right to use the property but do not have a clear or marketable title because the estate issues remain unresolved; the land is passed down without a will or deed to prove ownership, and each generation generally adds more heirs; and without proof of ownership it can be hard to obtain federal benefits, and it could force partition sales by third parties.

    Sources 17 · Heirs' Property Landowners (farmers.gov): 'is family-owned land that is jointly owned by descendants of a deceased person whose estate did not clear probate'; 'have the right to use the property, but they do not have a clear or marketable title to the property since the estate issues remain unresolved'; 'Land is passed down without a will or deed to prove ownership'; 'Each successive generation generally results in more heirs being added to the land inheritance'; 'could also force partition sales by third parties' · Checked October 17, 2026

18. Under Florida's Uniform Partition of Heirs Property Act, heirs property is real property held in tenancy in common that, when a partition action is filed, has no recorded agreement binding all cotenants on partition, where one or more cotenants acquired title from a relative, living or deceased, and where one of three conditions applies: 20 percent or more of the interests are held by cotenants who are relatives, 20 percent or more are held by a person who acquired title from a relative, or 20 percent or more of the cotenants are relatives.

    Sources 19 · Florida Statutes §64.202(6): 'means real property held in tenancy in common which satisfies all of the following requirements as of the filing of a partition action'; 'There is no agreement in a record binding all the cotenants which governs the partition of the property'; 'One or more of the cotenants acquired title from a relative, whether living or deceased'; 'Twenty percent or more of the interests are held by cotenants who are relatives'; 'Twenty percent or more of the cotenants are relatives' · Checked October 17, 2026

19. Under Florida law, if a cotenant requested partition by sale of heirs property, after the value is set the court notifies the parties, and any cotenant that did not request the sale may notify the court, no later than 45 days after that notice, that it elects to buy all the interests of the cotenants that requested the sale; each interest's price is the value of the whole parcel multiplied by that cotenant's fractional ownership.

    Sources 20 · Florida Statutes §64.207(1)–(3): 'any cotenant except a cotenant that requested partition by sale may buy all the interests of the cotenants that requested partition by sale'; 'Not later than 45 days after the notice is sent under subsection (1)'; 'multiplied by the cotenant’s fractional ownership of the entire parcel' · Checked October 17, 2026

20. Under Florida law, if the court determines that the property in a partition action is heirs property, it determines the property's fair market value by ordering an appraisal, unless all cotenants agree on the value or other cases the law provides for.

    Sources 21 · Florida Statutes §64.206(1)–(2): 'if the court determines that the property that is the subject of a partition action is heirs property, the court shall determine the fair market value of the property by ordering an appraisal'; 'If all cotenants have agreed to the value of the property' · Checked October 17, 2026

21. In Florida, the part of the law on partition of heirs property may be cited as the Uniform Partition of Heirs Property Act.

    Sources 18 · Florida Statutes §64.201, Short title: 'This part may be cited as the'; 'Uniform Partition of Heirs Property Act' · Checked October 17, 2026

22. HUD-approved housing counselors provide independent advice on buying a home, renting, defaults, foreclosures and credit issues, often at little or no cost.

    Sources 22 · Find a Housing Counselor: 'Housing counselors throughout the country can provide advice on buying a home, renting, defaults, forbearances, foreclosures, and credit issues'; 'they can offer independent advice, often at little or no cost to you' · Checked October 17, 2026

23. The Legal Services Corporation (LSC), established by Congress, funds civil legal aid for low-income Americans; on its site you find a legal aid office by entering an address or city, and LawHelp.org has free legal information and forms.

    Sources 23 · Get Legal Help: 'established by Congress in 1974 to provide financial support for civil legal aid to low-income Americans'; 'enter an address or city below to find an LSC-funded legal aid organization near you'; 'visit LawHelp.org to look up information about your legal questions and find free legal forms' · Checked October 17, 2026