Detailed Answer
When one or more co-owners on a Massachusetts deed have died, the legal ownership often shifts automatically if the deed created a right of survivorship (for example, joint tenancy or tenancy by the entirety). However, the public land records must be updated so title records reflect the surviving owner(s). Below are the practical legal steps and rules to follow under Massachusetts law and common registry practice.
1. Confirm how title was held
First, get a copy of the recorded deed from the county Registry of Deeds where the property is located and read the deed language. Look for phrasing such as “as joint tenants with right of survivorship,” “with right of survivorship,” or words creating tenancy by the entirety (common for married couples). If the deed conveys a share without survivorship language, the owners may have been tenants in common — that interest does not pass automatically and usually goes through probate or by the decedent’s will.
2. Understand the legal effect of survivorship
Under Massachusetts real property law, a valid right of survivorship causes the deceased owner’s interest to vest automatically in the surviving owner(s) at the moment of death. In many cases, no probate is necessary to change ownership — the title passes by operation of law. For state-level background on conveyancing rules, see Massachusetts General Laws, Chapter 183 (Conveyances): https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183.
3. Gather required documents
Typically you will need:
- A certified copy of the decedent’s death certificate (often multiple copies).
- A certified copy or photocopy of the recorded deed (showing book/page or document number).
- An affidavit of survivorship or an affidavit of death of joint tenant (signed and notarized).
4. Prepare an affidavit of death / affidavit of survivorship
Most Massachusetts registries accept a short notarized affidavit stating the deceased owner’s name, date of death, the recorded deed reference (book/page or document number), and a statement that the survivor(s) now hold title by right of survivorship. The affidavit should identify the surviving owner(s) and the property. The affidavit, together with the certified death certificate, is recorded in the land records to update public title records.
5. Record the affidavit at the County Registry of Deeds
Record the affidavit and the certified death certificate with the Registry of Deeds where the original deed is recorded. Massachusetts has county Registries of Deeds — find the correct office via the statewide list: https://www.mass.gov/orgs/registries-of-deeds. Each registry posts its recording requirements and fee schedule; follow their instructions on what to submit and how to format the document.
6. When you may need probate or a court order
Recordation by affidavit will not work if:
- The deed language is ambiguous about survivorship.
- Owners held as tenants in common rather than joint tenants.
- There are competing claims to the deceased owner’s interest (other heirs, creditors, pending challenges).
- The surviving party cannot produce acceptable proof of death or identity, or the registry rejects the affidavit for form issues.
In those situations you may need to open a probate estate or obtain a court order from the Probate and Family Court confirming title. For matters that require court involvement, see the Massachusetts Probate and Family Court information: https://www.mass.gov/orgs/probate-and-family-court. Massachusetts probate rules and procedures can be found at the Legislature’s site for the Massachusetts Probate Code and related statutes: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B.
7. Follow up after recording
After the affidavit and death certificate are recorded, request an updated copy of the land record to confirm the change. Notify the mortgage lender (if any), the property insurer, the town/city assessor and tax collector, and any homeowner’s association about the change in ownership so tax bills and notices reach the right person.
8. Consider a title search or title insurance if needed
If you plan to refinance, sell, or otherwise transfer the property, a title company or attorney can run a title search to confirm there are no liens, encumbrances, or competing claims. Title insurance can protect a surviving owner from claims arising from defects in the chain of title.
9. When to hire an attorney
Consult an experienced Massachusetts real estate or probate attorney if any of the following apply:
- Deed language is unclear or missing survivorship language.
- There are multiple potential heirs or competing title claims.
- A mortgage, lien, tax issue, or creditor claim complicates the transfer.
- You need a court order to clear title or resolve an estate dispute.
Even when the process looks straightforward, an attorney can prepare the correct form of affidavit and confirm you have everything the local Registry of Deeds requires, which can avoid rejections or the need to correct recordings later.
Key legal references and resources
- Massachusetts General Laws — Conveyances (Chapter 183): https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183
- Massachusetts Probate Code and related statutes (for probate procedures): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B
- Massachusetts Registries of Deeds contact and links: https://www.mass.gov/orgs/registries-of-deeds
- Massachusetts Probate and Family Court (for contested matters or formal probate): https://www.mass.gov/orgs/probate-and-family-court
Helpful Hints
- Obtain certified death certificates early — registries require originals or certified copies.
- Bring the recorded deed’s book/page or document number so the registry clerk can locate the record quickly.
- Use a short, clear affidavit of death/survivorship. Many county registries provide guidance or form examples.
- Check the county Registry of Deeds website for recording fees and formatting rules before you go.
- If the registry rejects your documents, ask for the specific reason in writing so you can correct it without repeated trips.
- If you plan to sell or refinance soon, order a title search or contact a title company to clear any clouds on title now.
- If multiple survivors exist or heirs dispute ownership, get an attorney’s help right away to avoid litigation delays.
Disclaimer: This article explains general Massachusetts legal concepts and typical steps for updating land records after a co-owner dies. It is educational only and is not legal advice. For advice about a specific situation, consult a licensed Massachusetts attorney experienced in real estate or probate matters.