real estate title issues in probate

Real Estate Title Issues From Probate: What Heirs Need to Know

Inheriting Property? Here’s How to Clear Title After Probate

If you’ve inherited real estate through probate, don’t assume you have a clean title just because the estate is closed. Title issues after probate are surprisingly common — and they can delay or prevent sales, refinances, or transfers. Here’s how heirs in Connecticut and New York can clear title and protect inherited property.


1. Why Probate Doesn’t Always Guarantee Clear Title

Even after a will is probated and an executor deed is recorded, title can still be “clouded” due to:

  • Missing or disputed heirs
  • Defective or unrecorded deeds
  • Outstanding liens, taxes, or mortgages
  • Claims from creditors or other third parties

Without resolving these issues, title companies may refuse to insure the property — making it difficult to sell or refinance.


2. Common Probate Title Disputes

Some examples include:

  • The deceased owned property jointly with another party, and the estate’s share is unclear
  • Heirs disagree over ownership or sale
  • A long-lost heir or creditor surfaces with a claim
  • The executor deed was improperly executed or recorded

3. How to Clear Title on Inherited Property

Depending on the issue, your attorney may recommend:

  • Filing corrected or supplemental documents with the county clerk
  • Negotiating lien releases or title insurance endorsements
  • in extreme cases, a Quiet Title Action to resolve disputes or defects

Why You Need a Probate & Real Estate Attorney

These title issues fall in the gray area between estate law and real estate law. Our firm regularly works with families and title companies to resolve complicated inheritance-related title issues—fast and legally sound.


Don’t wait until closing day to find out there’s a title defect on inherited property. If you’ve gone through probate and still have questions about your title, Glouzgal Law is here to help.

📞 Call us today to ensure your inherited home is fully yours—and fully transferable – 203-885-0500