If you’re closing on a house (either buying or selling) as a natural person (i.e. not the representative of a corporation, a trust, or estate) and all parties will be physically present, you won’t need any documentation other than a driver’s license or other form of government ID when it comes time to sign all the paperwork before you. Sometimes, though, there may be uncommon circumstances with the ownership that will require you to have added documentation. The escrow company should let you know well before closing what extra documentation you need to bring but the following are common and since they may be hard to locate in your home or you may need to order another copy from court records, it’s good to be prepared.

Since this is a complicated situation, be sure to check with your escrow officer and/or attorney early in the process (i.e. before you list your home or begin looking for the one you’re buying).

If you’re selling a property and one or more owners is deceased or you’re the executor of a will or trustee of a trust, you will likely need the following:

• Certified copy of the death certificate
• Additional documentation verifying taxes have been paid
• Copy of will or trust
• Lack of probate affidavit signed by surviving spouse and/or children if the estate is not in probate

If the sellers have divorced since acquiring title:

• Decree of dissolution
• Deed clearing title prepared by the former spouse’s attorney. (If the former spouse refuses to clear title, the transaction can not close so make sure you have resolved this issue before listing your house.)
• If the divorce is in process, additional documentation may be required.

If the sellers are legally seperated:

• If selling, a copy of the decree or order filed with the court.
• If purchasing without the other party, additional documentation may be required.

If selling or purchasing through a trust or corporation:

• Copy of trust documents and amendments clearly identifying the proper parties able to sign on behalf of the trust or corporation.
• Any bylaws, articles of incorporation, or operating agreements.

Here’s more detailed information from our friends at First American Title.