Ownership Change Guide

Changes in ownership or owner status for land and mineral rights require updated title records. Owners should ensure they have the appropriate documentation, which is outlined below for each type of change. Note that requirements may vary depending on the jurisdiction.

In addressing any ownership change situation, please note the following:

  • All payees are required to evidence a valid Social Security or tax identification number by IRS Form W9, or federal law requires tax withholding.
  • All documents related to a change of ownership must be filed of record in the county/parish where the property is located.
  • Laws of agency preclude us from providing forms for conveying real property interestes. However, you may contact an attorney, Legal Aid Society or your local Bar Association for assistance in handling these matters.
  • Address changes cannot be handled by telephone. Complete the Chesapeake Change of Address form, located on the Important Forms page.
  • Retain your check detail for future reference.

SITUATIONTHE FOLLOWING DOCUMENTATION IS REQUIRED
Name change - Personal
MarriageCopy of marriage certificate
DivorceCopy of divorce decree reinstating maiden name or prior name
Legal Name ChangeCourt order evidencing name change
Name change - Company/Corporate, LLC
Merger/Name ChangeCertificate of merger and tax ID number
LLC Name ChangeCertificate evidencing name change
Name change - Trusts/Partnership change
Trust or Partnership is CreatedRecorded conveyance of interest to the Trustee and/or Trust or Partnership
Trust or Partnership Agreement
Change of Trustee - DeathRecorded Instrument evidencing death of Trustee and appointment of Successor Trustee
Copy of Trust Agreement
Change of Trustee - ResignationRecorded instruments evidencing Trustee resignation and appointment of Successor Trustee
Copy of Trust Agreement
Change of Trustee - Appointment (Original or Succession)Copy of Trust Agreement or recorded Memorandum of Trust
Trust or Partnership is TerminatedDissolution of Trust or Partnership
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 EntiretyCertified copy of Death Certificate of deceased joint tenant
Life TenantCertified copy of Death Certificate of deceased life tenant
Recorded instrument creating the life estate
Names, addresses and tax ID numbers of remaindermen
Tenant in CommonPertinent "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 pendingCertified copy of Last Will and Testament
Certified copy of Order Admitting Will to Probate
Certified copy of Letters Testamentary
Probate proceedings were filed in the state in which property is located and are completeCertified copy of Final Decree, Certificate of Transfer or other documentation evidencing final distribution of property by the Court
Probate proceedings have not been filedCertified copy of Death Certificate
Certified copy of Last Will and Testament
Properly executed and recorded Affidavit of Heirship completed by disinterested party
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 pendingCertified copy of Death Certificate
Certified copy of Administration Proceedings
Probate proceedings were filed in the state in which the property is located and are completeCertified 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 filedCertified copy of Death Certificate
Propertly executed and recorded Affidavit of Heirship completed by disinterested party
Purchase/Sale of interest
Purchase of InterestRecorded conveyance evidencing acquisition of property
Sale of InterestRecorded conveyance evidencing sale of property