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So you’ve inherited a real estate investment?

Poolside view of Promenade at Newnan Crossing

Real estate investments can be complicated. We know. They are our passion and our expertise at Capital Square. After over a decade of building legacies for investors, team members and communities, we pride ourselves in bringing quality, awareness and a depth of knowledge to every project and relationship.

Because our investors are the soul of our business, we constantly strive to provide unparalleled service and continuously improve their experience. To that end, let’s address a common real estate investment question:

What do I need to do if I inherited a real estate investment?

If you have inherited a real estate investment, such as a Delaware statutory trust (DST) or an opportunity zone (OZ) fund from Capital Square, the first action you need to take is to legally change the registration of the investment. The paperwork that accompanies the title change request is as important as the request itself.

What materials do I need to proceed?

To change the legal registration of a real estate investment as a beneficiary, you will need:

  1. A “Letter of Instruction” (LOI) or “CS1031 Registration Transfer Form”
  2. A copy of the death certificate
  3. Certified letters of testamentary if the estate went through probate. (An affidavit may be sent in lieu of the letters. The affidavit must be signed by beneficiary and be notarized. In the case of a trust where the beneficiary is listed as a co-trustee or successor trustee, a notarized signature is not required.)

The following personal materials will also be necessary:

  1. The new titleholder’s IRS W-9 form
  2. The new titleholder’s broker/dealer and representative’s name and email address, if applicable
  3. A copy of the power-of-attorney (POA), if applicable

In addition, the specifics of the investment itself need to be on hand:

  1. Registration type (specifics on registration types can be found in our article: “What do I need to know about transferring real estate investment ownership?”) and ancillary documents
  2. New distribution instruction form

How do I transfer the real estate investment into my name?

All changes to a title with the above documentation must be in writing with notarized signatures of all living titleholders (if applicable). In addition, notarized signatures are also needed from all new titleholders. When all materials are collected, you may contact the Capital Square investor relations team. 

Learn more about how to understand the specifics of a newly transferred investment.


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