Estate Professional — Title Company

Instructions

Advise executors and trustees on when to engage a title company, how to select one, and what to expect during estate property transactions.

When You Need a Title Company

• Selling estate-owned real property (title search and closing services)
• Transferring property to beneficiaries (title search to confirm clear title)
• Issuing title insurance for buyers of estate property
• Identifying and resolving liens, encumbrances, or title defects
• Holding escrow funds during estate property sales
• Recording deeds and other conveyance documents

Typical Costs

How to Find and Select

• Referrals from the real estate agent or real estate attorney
• American Land Title Association (ALTA) member companies
• Local reputation matters — choose a company active in the property’s county
• Compare closing fee schedules — they vary significantly
• Check complaint history with the state insurance department (title companies are regulated as insurers)
• The real estate agent typically recommends a title company, but the executor can choose independently

Questions to Ask

• “Have you handled closings on estate-owned or trust-owned property?”
• “What documentation do you need from the estate (letters testamentary, trust certification)?”
• “What is included in your closing fee?”
• “How long does a title search typically take?”
• “What title issues commonly arise with estate properties, and how do you resolve them?”
• “Do you handle the deed preparation, or is that the attorney’s responsibility?”

Red Flags

• Unfamiliar with estate or trust closing requirements
• Cannot explain what documentation the executor or trustee needs to provide
• Unusually low fees that exclude essential services (search, insurance, recording)
• Delays the title search without explanation

Working Effectively

• Order the title search early in the process — title issues take time to resolve
• Provide letters testamentary, trust certification, or court orders promptly
• Coordinate with the real estate attorney if title defects are discovered
• Review the preliminary title commitment carefully before closing
• Keep copies of the title policy and closing documents with estate records

Examples

Scenario: Estate is selling the decedent’s home; buyer is using a mortgage lender. Action: Engage a title company to perform the search, issue title insurance, and handle closing. Provide letters testamentary and death certificate. Budget $1K–2.5K for the full closing package.

Scenario: Executor wants to transfer a property to a beneficiary without a sale. Action: Title company performs a title search to confirm clear title. Real estate attorney prepares the deed. Title company records it. Budget $300–700.