Why it is at risk
When the owner dies without the deed being updated, each heir owns a share. Anyone who holds a share, or buys one from a relative, can ask a court to force a sale of the whole property. Without clear title it is also hard to get a loan modification, a home repair loan or disaster aid, and property taxes can quietly go unpaid.
If there is a mortgage and you are not on the loan
Federal law protects family members who inherit. A transfer to a relative when a borrower dies cannot trigger the due on sale clause. 12 U.S.C. 1701j-3(d).
Once the servicer confirms you as a successor in interest, it must treat you like a borrower for loss mitigation and communications. 12 CFR 1024.31 and 1024.38. Send the death certificate and proof of your interest, and ask in writing to be confirmed.
Protection from a forced sale
Many states have adopted the Uniform Partition of Heirs Property Act. It gives family members the right to buy out a relative who wants to sell, requires a court appraisal, and prefers dividing the land over selling all of it.
What to do
Keep paying the property taxes and keep the receipts. Gather the death certificate, the old deed, and a family tree. Then ask a legal aid office about probate or an affidavit of heirship to clear the title. After a disaster, FEMA accepts more types of ownership documents than it used to, so apply even without a clean deed.