Quick Summary: Before you spend a dollar on prep, confirm who has the right to sign, that the recorded deed matches reality, and whether any liens exist. A title company can run a preliminary report; I’ll coordinate it and translate the jargon so you get a clean path to closing.
Step 1: Confirm who can sign (so nothing stalls later)
If there’s a trust: You’ll typically sign as the successor trustee. Have the trust (or a certification of trust), the death certificate, and your ID handy.
If there’s no trust: You may need Letters Testamentary/Administration (probate). An attorney can confirm.
Pro tip: Designate one point person for signatures and updates. It keeps things calm and fast.
Step 2: Pull the latest recorded deed (and check the names)
Ask me or a title company to pull the most recent deed from the County Recorder. We’re looking for:
- Exact name matches (spelling, initials)
- How title is held (e.g., in the trust vs. individual name)
- Any oddities (older deeds, gift deeds, quick-claim deeds, etc.)
If title and the estate plan don’t match (for example: trust exists but title never moved into the trust), we solve it now, not in week five.
Step 3: Order a preliminary title report
This reveals:
- Liens/judgments: tax, HOA, mechanics liens, old deeds of trust that were paid but never reconveyed
- Easements/CC&Rs: things buyers will ask about
- Payoff info: if any loan remains
I review it with you in plain English and create a short to-do list (who we call, what we get released, which docs we’ll need in escrow).
Step 4: Clear issues early (and stay on schedule)
Common fixes I handle locally:
- Old loan never reconveyed? We obtain a substitution of trustee/full reconveyance or title gives us a bond-in-lieu path.
- Small claims or mechanics lien? We contact the claimant to settle and release or document why it’s invalid.
- Name mismatch? We prep a name affidavit so title can insure properly.
Step 5: Title insurance, alerts & “home title lock”
Title insurance protects the insured owner/lender based on the policy terms. When heirs sell, a new owner’s policy covers the buyer; your escrow handles that automatically.
Fraud alerts: Many counties offer free recorder alert services to notify you if something is recorded against the property. I’ll point you to the right office.
“Title lock” products: These are monitoring/alert services—not legal “locks.” Good hygiene (alerts, vetted wire instructions, verified IDs) is what truly helps.
Step 6: When to bring in an attorney
No trust + probate questions
Disputes among heirs
Complicated liens, judgments, or boundary issues
I’ll help you organize the right documents so your attorney time (and cost) stays focused.
Bottom line: One short call and a preliminary title report can prevent weeks of delays. I’ll coordinate the report, translate the findings, and build a clean timeline to market and close.
Gentle note: This is general information, not legal advice. Always confirm with your attorney or CPA.
