The Ghost Owner Problem in Real Estate
Why Clearing Title Isn’t Always as Simple as It Looks
When a loved one passes away, most people think the hardest part is the emotional loss, and that legally transferring property is just a matter of paperwork.
But often, that “paperwork” reveals something much more complicated:
A deed that was never updated.
A co-owner who passed away years ago without probate.
A missing heir no one has heard from in decades.
We call this the “ghost owner” problem, and it’s one of the most common issues we see when real estate is inherited or being prepared for sale.
Common Ways Ghost Owners Appear
You might be surprised how often this happens, even with otherwise well-managed properties. Some of the most common scenarios include:
A parent added a child to the deed for “convenience” 30 years ago, and the child has since passed away without a will
Two siblings inherited a property, but they haven't spoken in decades, and one can’t be located
A grandparent died intestate (without a will), and no one ever formally transferred the deed
One co-owner died decades ago, and their estate was never probated, leaving their share “floating” legally
In each case, someone is still showing up on the title, either as a deceased owner or as someone whose interest was never properly transferred. Until that’s resolved, you can’t sell, refinance, or legally transfer the property.
Why It Becomes a Problem
Most buyers, title companies, and lenders won’t move forward if there’s uncertainty about ownership. And New York real estate law requires a clean title before a property can change hands.
That means even if your family has paid the mortgage, paid the taxes, and maintained the home for years, you may not legally own it until the title is cleared.
Some red flags that indicate a title problem:
A deceased owner is still listed on the deed
The last recorded transfer is decades old
You’re told at closing that you need a “Surrogate’s Court order” or an “affidavit of heirship.”
A sibling or cousin refuses to sign off—or has disappeared entirely
What You Can Do
If you’re facing one of these situations, there are ways to resolve it. But the sooner it’s addressed, the more options are available.
Here’s what we typically recommend:
Get a full title search
This will show who is still listed as a record owner, what liens or mortgages exist, and whether there are any gaps or red flags.
Open an estate proceeding, if needed
If a prior owner died without transferring title, probate or administration may still be required, even years later.
Work with an attorney familiar with Surrogate’s Court and real estate
These are not one-size-fits-all matters. You need legal advice that considers both the estate law and the real estate context.
Communicate with co-owners early
If the title shows multiple heirs or co-owners, you’ll need their cooperation or a legal strategy to address it.
Avoid quick fixes that create new problems
We sometimes see people try to record homemade affidavits or unrecorded “agreements.” These usually don’t hold up, and can make matters worse.
Why It’s Better to Catch This Early
If you own property jointly with someone, or if you’ve inherited real estate but haven’t formally cleaned up the title, it’s worth having it reviewed now.
You don’t want these issues to delay a sale, block a refinance, or create tension within your family when it could have been avoided with a few proactive steps.
How We Help
We routinely work with families, heirs, real estate investors, and professionals across Long Island and New York City to resolve title issues involving old deeds, inherited property, and unprobated estates.
We can help you:
Review title and ownership records
Coordinate estate proceedings to clear title
Advise on how to legally transfer or sell inherited property
If you’re not sure whether your property is “clean,” or you suspect a ghost owner might be lurking in your title history, give us a call @ 516-570-4016. We’ll help you untangle the legal history and move forward with clarity and confidence.
