Disclaimer: This is educational information only and not legal advice. Laws change and every case turns on its facts. Consult a licensed New Jersey attorney or the local Surrogate’s/County Clerk’s office for guidance tailored to your situation.
Detailed Answer — How title to real estate is transferred after a spouse dies in New Jersey
When a spouse dies, the steps required to put property into your child’s name depend on how the deceased owned the property, whether there is a mortgage or lien, and whether the estate needs probate. Below are the common ownership scenarios, what each means, and the usual procedural steps in New Jersey.
1) First step: determine how the deceased held title
Find the last recorded deed in the county where the property sits. The deed’s wording tells you whether ownership was:
- Tenancy by the entirety (typical for married couples in New Jersey),
- Joint tenancy with right of survivorship,
- Sole ownership in the decedent’s name, or
- Subject to a beneficiary/transfer-on-death designation or a will directing the property.
2) If the property passed automatically to the surviving spouse (tenancy by the entirety or joint tenancy)
Under tenancy by the entirety or joint tenancy the surviving spouse typically becomes sole owner by operation of law when the other spouse dies. No probate is required to change title in that situation. Practical steps to get the property recorded in the new owner’s name and then convey it to your child include:
- Obtain a certified copy of the death certificate from the Vital Records office.
- Obtain a certified copy of the recorded deed showing tenancy by the entirety or joint tenancy.
- Record an affidavit or certificate of survivorship (your county may have a preferred form) and the death certificate in the county where the property is recorded so the county records reflect the change in ownership.
- If you (the surviving spouse) want to transfer title to your child, sign and notarize a new deed (usually a quitclaim or warranty deed) conveying the property to the child, include the full legal description, and deliver it to the county recording office along with any required transfer tax/realty transfer forms and recording fee.
Recording offices vary by county—contact the county recording or county clerk office for specific form and fee requirements.
3) If the property was solely in the deceased spouse’s name (no automatic survivorship)
If the decedent held title solely, you generally must clear title through the probate/surrogate process or another authorized transfer method before recording a deed to your child.
Typical options:
- Formal probate/administration through the County Surrogate’s Office so an executor/administrator can sign a deed conveying the property to the beneficiary.
- If the estate qualifies, use any available summary or small-estate procedure under New Jersey law (some estates can use simplified procedures; eligibility depends on assets and local Surrogate rules).
- If the decedent left a valid deed that names a beneficiary (a transfer-on-death deed), follow the steps in that instrument to present the death certificate and record the beneficiary conveyance (if New Jersey recognizes the instrument in your case).
Start by contacting the county Surrogate’s Office where the decedent lived or where the property is located for the exact forms and thresholds. New Jersey courts provide self-help information about probate and estate administration: https://www.njcourts.gov/selfhelp/.
4) If there is a will naming the child as heir
Usually the will must be admitted to probate in the Surrogate’s Court. The appointed executor uses the court authority to transfer title by executing and recording a deed to the child. The Surrogate’s Court handles administration and issues letters testamentary/administration authorizing the transfer.
5) Documents and steps required to record a deed in New Jersey
Once the person with authority signs the new deed, the county recording office typically requires:
- The signed and notarized deed with full legal description;
- A certified copy of the decedent’s death certificate (if the deed relies on survivorship or a death-event conveyance);
- Any required affidavit of survivorship, affidavit of heirship, or executor’s affidavit (county-specific);
- Realty transfer forms and payment of any realty transfer fee/transfer tax or proof of exemption; and
- Recording fees payable to the county.
Many counties publish deed checklists and sample forms—contact the county clerk or register of deeds in the county where the property sits.
6) Other important issues to address
- Mortgage or liens: If a mortgage remains on the property, the lender may have to approve a title transfer or the mortgage must be paid or refinanced. A deed alone does not eliminate lender rights.
- Taxes: New Jersey may have inheritance tax, and there may be federal or state estate tax filing issues depending on the estate’s size. The New Jersey Division of Taxation provides information about inheritance and related taxes: https://www.state.nj.us/treasury/taxation/.
- Clear title: If defects exist in the chain of title, you may need a quiet title action or other court action to clear title before the county will accept a deed without exception.
- Title insurance: Consider ordering a title search and title insurance before transferring the property to protect the child’s new ownership interest.
- Professional help: Because errors in deed drafting, tax filings, or probate procedures can be hard to undo, most people consult a New Jersey real estate or probate attorney for closing and recording assistance.
7) Where to find official New Jersey resources
- New Jersey Courts — Probate and Surrogate information: https://www.njcourts.gov/selfhelp/
- New Jersey Division of Taxation — real property and inheritance tax information: https://www.state.nj.us/treasury/taxation/
- New Jersey Legislature (statutes and laws): https://www.njleg.state.nj.us/ (See statutes governing probate and administration—Title 3B—and statutes addressing conveyances and recording under Title 46.)
- Your county clerk or recorder’s office — for local deed forms, recording fees, and procedures (search by county on your county government website).
Helpful Hints
- Start by pulling the last recorded deed at the county clerk/recorder to learn how title was held; that single document often answers the core question about whether probate will be required.
- Obtain multiple certified copies of the death certificate early—recorders, the Surrogate, and lenders will usually request them.
- If you are the surviving spouse and title already passed to you by survivorship, you can deed directly to your child, but confirm whether lender approval or transfer taxes apply.
- When in doubt, contact the County Surrogate for probate thresholds and the County Clerk for recording rules—each county maintains its own practical forms and fees.
- Don’t attempt to record a deed signed by someone without legal authority (for example, signing a deed on behalf of an estate without letters). That will create title problems and may require litigation to fix.
- Consider a title search and title insurance to avoid surprises about liens, judgments, or prior conveyances.
- Get a short consult with a New Jersey probate or real estate attorney if the estate has a mortgage, multiple heirs, or any dispute—an attorney can often prevent costly mistakes at the recording stage.