What to do about a lost house title?

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What to do about a lost house title?

My parents have passed away. Their house is fully paid for. We are currently renting it because of the real estate market but will eventually sell it. We were never able to locate their house title. How do we apply for a new title? Where do we need to go? What paperwork is required to bring? Is there a fee? And, do all siblings names go on the new title?

Asked on January 3, 2012 under Estate Planning, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  When you say the title to the house I am assuming that you are talking about the deed to the house.  You can indeed get a current copy by going down to the county clerk's office and looking it up.  Then you can ask the county clerk to certify the deed.  There should be a fee for the certification.  In many areas you can ask a title company to do a search.  That fee is higher. Now, you have to make sure that there is a satisfaction of the mortgage that has been filed. As for the new deed, you have to probate the estate and the personal reporesentative that is appointed will execute an executor's deed naming the benefiiaries.  Yes, if you all inherited the property then you all go on the new deed.  There may be a filing fee here as well.  Good luck.


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