Ownership Changes Guide
Changes of ownership or owner status for land and mineral rights require updated title records. Owners should ensure they have the appropriate documentation, which is outlined in the table below for each type of change.
Documents required to process ownership changes
Important Note: Original documents will not be returned; send a COPY (or copies) of the documents requested.
NAME CHANGE-PERSONAL |
|
|---|---|
| Marriage | Copy of marriage certificate |
| Divorce | Copy of divorce decree reinstating maiden name or prior name, copy of final order/decree showing distribution of assets and copies of any court-mandated conveyance documents |
| Legal Name Change | Court order evidencing name change |
| Appointment of Attorney In-Fact | Copy of power of attorney |
| Appointment of Agent or Agency | Copy of agency agreement |
| Appointment of Legal Guardian | Copy of birth certificate or court order designation guardianship |
NAME CHANGE-COMPANY/CORPORATE, LLC |
|
|---|---|
| Merger/Name Change | Certificate of merger and tax ID number |
| LCC Name Change | Certificate evidencing name change |
Purchase/Sale of Interest |
|
|---|---|
| Purchase of Interest | Recorded copy of conveyance evidencing acquisition of property |
| Sale of Interest | Recorded copy of conveyance evidencing sale of property |
TRUSTS/PARTNERSHIP CHANGE |
|
|---|---|
| Trust of Partnership is Created | Copy of recorded conveyance of interest to the Trustee and/or Trust or Partnership Agreement |
| Change of Trustee-Death | Copy of recorded instrument evidencing death of Trustee and appointment of Successor Trustee and a copy of Trust Agreement |
| Change of Trustee-Resignation | Copy of recorded instruments evidencing Trustee resignation, appointment of Successor Trustee and a copy of Trust Agreement |
| Change of Trustee-(original or succession) | Copy of Trust Agreement or recorded Memorandum of Trust |
| Trust or Partnership is Terminated | Copy of Dissolution of Trust or copy of Partnership and Conveyance to beneficiary or partners. |
DEATH OF CO-OWNER |
|
|---|---|
| Joint Tenant (with Rights of Survivorship) | Certified copy of Death Certificate of deceased joint tenant |
| Tenants by Entirety | Certified copy of Death Certificate of deceased joint tenant |
| Life Tenant | Certified copy of Death Certificate of deceased life tenant, recorded instrument creating the life estate, and names, addresses and tax identification numbers of remaindermen |
| Tenant in Common | Copies of pertinent “Death of Owner” documents described immediately below for deceased tenant in common |
DEATH OF OWNER-OWNER DIED WITH A WILL (TESTATE) |
|
|---|---|
| Probate proceedings are filed in the state in which the property is located and are currently pending | Certified copy of Last Will and Testament, certified copy of Order Admitting Will to Probate and certified copy of Letters Testamentary. |
| Probate proceedings where filed in the state in which the property is located and are complete | Certified copy of Final Decree, Certificate of Transfer or other documentation evidencing final distribution of property by the court |
| Probate proceedings have not been filed | Certified copy of Death Certificate, certified copy of the Last Will and Testament, a copy of a properly executed and recorded Affidavit of Heirship signed or witnessed by an uninterested third party (not a family member) and W-9 IRS form |
DEATH OF OWNER-OWNER DIED WITHOUT A WILL (INTESTATE) |
|
|---|---|
| Probate proceedings are filed in the state in which the property is located and are currently pending | Certified copy of Death Certificate and a certified copy of Administration Proceedings |
| Probate proceedings where filed in the state in which the property is located and are complete | Certified copy of Final Decree, Certificate of Transfer or other documentation evidencing final distribution of property by the court through laws of descent and distribution |
| Probate proceedings have not been filed | Certified copy of Death Certificate, a copy property executed and recorded Affidavit of Heirship signed or witnessed by an uninterested third party (not a family member) and W-9 IRS form |
