Named a successor in interest? Here’s what it means for your property rights
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Richard Haddad Executive EditorRichard Haddad is the executive editor of HomeLight.com. He works with an experienced content team that oversees the company’s blog featuring in-depth articles about the home buying and selling process, homeownership news, home care and design tips, and related real estate trends. Previously, he served as an editor and content producer for World Company, Gannett, and Western News & Info, where he also served as news director and director of internet operations.
You’ve been named as a “successor in interest” for an inherited house or other property with a mortgage. But how does this label affect your property rights and responsibilities? Can you sell the home?
In this post, we explain this legal term often found in inheritance and divorce settlement documents. We’ll also provide expert insights from a top real estate attorney along with tips on how to sell your inherited property.
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What is a successor in interest in real estate?
A successor in interest is someone who has legally inherited or is recognized as having ownership interest in a property, often following the death of the previous owner or through a legal transfer.
“A successor in interest is anybody who takes over the property from the prior owner,” explains Justin Meyer, an attorney/partner with Rosenthal Meyer, PLLC, a multi-state law group based in Orlando, Florida. “If somebody buys the property, they are a successor in interest. If somebody inherits the property, they are the successor in interest.”
Common ways someone becomes a successor in interest include:
- Inheriting a home through a will or estate
- Receiving the property in a divorce settlement
- Being granted ownership through a living trust
- Taking over a home from a joint owner who has passed away
- Transferring a property from a parent or spouse
Being named a successor in interest does not necessarily mean that a property is free and clear. If the home has an existing mortgage, you’ll need to take additional steps before selling or refinancing.
Your rights and responsibilities as a successor in interest
As a successor in interest, you gain certain rights to the property, but you also take on potential responsibilities. Here’s what you should be aware of:
- Mortgage obligations: If the inherited home has an active mortgage, the lender must allow you options to assume ownership under the Garn-St. Germain Act, which protects against “due-on-sale” clauses in mortgages. These clauses would typically require the entire loan balance to be paid off if the property is transferred to a new owner. However, this does not eliminate the need to make mortgage payments. Mortgage obligations can also vary depending on how you obtained the property.
- Property expenses: You are responsible for property taxes, homeowners insurance, and maintenance. If these aren’t paid, the home could be at risk of liens or foreclosure.
- Title and ownership confirmation: Before selling or refinancing, you may need to complete legal steps such as probate (if the home was inherited through a will) or updating the deed.
- Right to live in the home: If you decide not to sell and want to live in the home, you may have to buy out other successors in interest or heirs — or set up an agreement with them.
As noted above, more than one person can be a successor in interest of a property. For example, if your parents pass away and leave a home to you and your brother or sister, each of you can become a successor in interest with an ownership interest in the family home.
As a successor in interest, you are not automatically liable for any loans attached to the home and are not required to make payments, but many successors in interest choose to continue making payments.
“The [successors in interest] own the property with any limitations that were in place prior to them taking the property unless those limitations have been cleared,” Meyer says. “So if there’s an existing mortgage on the property, then they can take that mortgage.”
Can a successor in interest sell the property?
Yes, a successor in interest can sell a home, but Meyer explains that you will need to address any liens on the property and verify ownership rights.
“Anything that exists would have to be paid off at closing. Each state has different rules about this, but generally speaking, when you go to sell a house, any liens, any mortgages, any [debts] like that have to be dealt with through the closing and have to be paid off from closing proceeds — if they’re not paid before,” Meyer says.
Here are some key conditions that typically must be met first:
1. Title transfer must be complete: To sell the home, you need to fully establish your ownership rights. If the property was inherited, you may need to go through probate unless it was held in a trust or had a designated transfer-on-death beneficiary.
2. Mortgage considerations: If a mortgage remains on the home, you may need to work with the lender to satisfy the loan or refinance before selling.
3. Co-successors’ approval: If multiple heirs or family members are involved, all parties may need to agree to the sale.
Meyer reemphasizes that the selling process can vary depending on the state’s laws, the home’s title situation, and the type of mortgage involved.
“What’s required for [a successor in interest] to do will depend on how they became the successor in interest, how they took possession of the property, and what the state law requires,” he explains. “So in Florida, you have to follow Florida law. In New York, you must follow New York law.”
To prepare for selling, check the deed, confirm ownership, and consult a professional to navigate any legal or financial hurdles.
Steps to sell a property as a successor in interest
Here are the basic steps you’ll follow to sell a house as a successor in interest:
1. Confirm you’re a successor in interest: Gather the necessary documents to legally prove your status as a successor in interest, such as a will, death certificate, or court orders.
2. Consult with professional advisors: Work with a real estate attorney and an experienced real estate agent to understand your ownership rights and obligations.
3. Address property financial obligations: Contact the mortgage provider and ask about their policies regarding successors in interest. Determine if you need to continue paying mortgage payments, pay off the loan, or resolve any other liens on the home.
4. Clear the home’s title: Ensure the home’s title is free and clear of any financial or legal encumbrances that might delay or complicate a sale.
5. Prepare the home for sale: Unless you’re selling to a house-buying company or investor for cash, you’ll likely want to prep the house for sale to maximize proceeds.
6. List the home for sale: Work with a top agent to market the property effectively and attract qualified buyers.
7. Close the sale: Once you have received an acceptable purchase offer, work with your attorney and agent to complete the transaction and turn over the keys to the new owner. Depending on your situation, you may need to split any proceeds with other successors in interest.
How to sell an inherited home for cash
If you need to sell your inherited house quickly, one of the fastest and most convenient ways is to request a no-obligation, all-cash offer through HomeLight’s Simple Sale platform. Simple Sale connects you with the largest network of reputable cash buyers in the country. Get a cash offer in 24 hours and close in as few as 10 days. This eliminates the need for expensive or time-consuming repairs, showings, and drawn-out negotiations.
Your Simple Sale offer will also include an estimate of how much a top local real estate agent might be able to get for your inherited property along with recommendations for experienced agents in the area. You can see both options to make a more informed and confident choice.
Here’s a look at the four-step Simple Sale process:
Request a no-commitment cash offer by providing details about your inherited property and selling timeline.
What to do if you want to keep the home
If you’d rather keep the property, here are your options:
- Assume the mortgage: Many successors in interest take over the existing mortgage, depending on the lender’s policies.
- Refinance the loan: If assuming the mortgage isn’t an option, refinancing the loan in your name could provide more flexibility.
- Ensure all legal requirements are met: Updating the deed, paying outstanding taxes, and confirming insurance coverage will help secure full ownership.
“Successors in interest have the full responsibility to maintain the property in accordance with any kind of [existing] guidelines,” Meyer says. “HOA guidelines, county, city, or town guidelines.”
How Much Is Your Inherited Home Worth?
If you’re curious about how much your inherited property might be worth, get a preliminary estimate from HomeLight’s free Home Value Estimator.
When to consult a real estate or legal professional
Not every successor-in-interest situation is straightforward. Consider reaching out to a real estate or legal expert if:
- The home is still in probate, and the title hasn’t been legally transferred.
- There are multiple heirs, and not everyone agrees on selling.
- The mortgage lender is unresponsive or unclear about the next steps.
- You need help understanding tax implications related to inheritance or sale.
Final expert insights for a successor in interest
Being named a successor in interest means you have a legal connection to a property, but it doesn’t automatically grant you full ownership rights. If you want to sell, you’ll need to ensure the title is clear and handle any mortgage considerations. If you want to keep the home, you may need to assume the loan or refinance.
Myers closes with these three recommendations:
First: “You always want to speak with an attorney when you’re ready to sell a home to make sure you have the documentation you need and what the state law requires because no two sales are exactly alike.”
Second: “It’s important to make sure you have the paperwork that you need to show to clear any title issues that come up for you. This goes back to why having an attorney is helpful because you’ll be able to answer those questions.”
Finally: “Beyond that, it’s really a matter of making sure you have your ducks in a row — using a good real estate agent and having a good team around you.”
Taking the right steps early — whether through legal processes, financial planning, or professional guidance — can make this transition smoother and give you more control over your property’s future.
Looking for a trusted real estate agent? HomeLight can connect you with top-rated agents in your area who have experience in selling inherited homes. Our free Agent Match platform analyzes over 27 million transactions and thousands of reviews to determine which agent is best for you based on your needs.
Editor’s note: This post is for educational purposes. If you need help determining your legal right to sell an inherited property, HomeLight encourages you to consult a professional advisor.
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