Does Your State Require You to Disclose a Death in Your Home?

In most of the United States you do not need to disclose a death in or on your property. If you are in Alaska,
California, Delaware, Georgia, Indiana, Kansas, Kentucky, Nebraska, New Jersey, Ohio, South Dakota, Vermont there are circumstances where you would need to disclose a natural death, suicide, homicide, or other circumstances for resporting deaths.

You can check out your individual state below for links to more resources. 

Note -We are not attorneys, please seek legal counsel regarding legal issues.

Real Estate Death Disclosure Laws

State by State

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Death Disclosure

Do you have to report a death in your home while selling real estate?

The answer is, in general, you do not have to report someone dying in your home from natural causes, suicide or homicide. That being it, several states do require you to report a death in the home before selling. California has the strictest with having to report any deaths within 3 years of the time of selling.

There are several instances in which you want to report the deaths not because it is a legal requirement of the sale but rather it could come back to bite you down the road when the next owners want to sell.

Items in Orange have laws requiring reporting.

Items in Blue has issues around reporting deaths but no explicit laws.

Alabama Death Disclosure

Do you have to report a death in your home while selling real estate in Alabama?

Alabama is a Caveat emptor state. Sellers are not required to disclose any deaths or other psychologically damaging information about the property. It is the responsibility of the buyer to discover any damaging information.

https://www.law.ua.edu/pubs/lrarticles/Volume%2060/Issue%202/Murphy-Caveat_Emptor.pdf

Alaska Death Disclosure

Do you have to report a death in your home while selling real estate in Alaska?

The agent listing the property must disclose any known murders or suicides in the last year. In the event the agent is unaware, they are not liable.

http://www.akleg.gov/basis/statutes.asp#08.88.615

Arizona Death Disclosure

Do you have to report a death in your home while selling real estate in Arizona?

Arizona does not require disclosure of death on a property. The state specifically list natural death,suicide, or homicide as exclusion to disclosure requirements.

https://www.azleg.gov/ars/32/02156.htm

Arkansas Death Disclosure

Do you have to report a death in your home while selling real estate in Arkansas?

Arkansas has no disclosure requirement for death on a property. The state considers ‘psychological impacts’ on a property to be non- material for disclosure.

https://law.justia.com/codes/arkansas/2010/title-17/subtitle-2/chapter-10/17-10-101/

California Death Disclosure

Do you have to report a death in your home while selling real estate in California?

California has the most strict mandate, requiring disclose of all deaths in the last 3 years. This includes known natural deaths of residents.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1710.2.&lawCode=CIV

Colorado Death Disclosure

Do you have to report a death in your home while selling real estate in Colorado?

Colorado has no disclosure requirement. This includes murder, suicide, or any other felony that may have occurred.

https://law.justia.com/codes/colorado/2016/title-38/real-property/article-35.5/section-38-35.5-101/

Connecticut Death Disclosure

Do you have to report a death in your home while selling real estate in Connecticut?

Connecticut considered death on a property to be a non- material fact. That means they do not require disclosure of death on a property under any circumstances.

https://www.lawserver.com/law/state/connecticut/ct-laws/connecticut_statutes_20-329cc

Delaware Death Disclosure

Do you have to report a death in your home while selling real estate in Delaware?

Delaware does not consider psychological impact of a property a requirement including suicide or homicide. However, if a buyer makes a request in writing for information the seller and agent must provide.

https://delcode.delaware.gov/title24/c029/sc02/index.html

Florida Death Disclosure

Do you have to report a death in your home while selling real estate in Florida?

Florida has no requirement for disclosure of death on a property. This includes disclosure of homicide or suicide.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0689/Sections/0689.25.html

Georgia Death Disclosure

Do you have to report a death in your home while selling real estate in Georgia?

Georgia has no requirement to disclose death. However, if a buyer ask , the homeowner has to tell the truth if known.

https://law.justia.com/codes/georgia/2010/title-44/chapter-1/44-1-16

Hawaii Death Disclosure

Do you have to report a death in your home while selling real estate in Hawaii?

Hawaii does not require any disclosure of death on a property.

https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0508D/HRS_0508D-0008.htm

Idaho Death Disclosure

Do you have to report a death in your home while selling real estate in Idaho?

Idaho has no requirement for disclosure on a stigmatized property. The state does not consider murder, suicide, or criminal activity as relevant to disclosure.

https://legislature.idaho.gov/wp-content/uploads/statutesrules/idstat/Title55/T55CH28.pdf

Illinois Death Disclosure

Do you have to report a death in your home while selling real estate in Illinois?

Illinois does not require any non-physical defects to be disclosed. This includes death or other stigmatizing factors.

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1364&ChapterID=24

Indiana Death Disclosure

Do you have to report a death in your home while selling real estate in Indiana?

Indiana does not have a requirement of disclosure of death for a property.

http://iga.in.gov/legislative/laws/2019/ic/titles/032#32-21-6

Iowa Death Disclosure

Do you have to report a death in your home while selling real estate in Iowa?

Iowa does not require any disclosure of phytologically distressing events on a property. This includes murders, suicide, haunting, and paranormal activity per state statute.

http://iga.in.gov/legislative/laws/2019/ic/titles/032#32-21-6

Kansas Death Disclosure

Do you have to report a death in your home while selling real estate in Kansas?

Kansas has no requirement requiring disclosure of death on a property. They have no law or statue at all to address the issue, however the Kansas Association of Realtors recommends disclosure in the state.

https://kansasrealtor.com/legal-hotline-faqs-june-2013/

Kentucky Death Disclosure

Do you have to report a death in your home while selling real estate in Kentucky?

Kentucky does not require disclosure of death on a property. If a buyer ask, however, the seller and agent must be truthful.

https://krec.ky.gov/legal/Documents/KREC%20Hotline%20FAQs.pdf

Louisiana Death Disclosure

Do you have to report a death in your home while selling real estate in Louisiana?

Louisiana has no requirement for disclosure of death on a property. The state does not require disclosure of any ‘fact or suspicion that a property might be physically impacted.

https://law.justia.com/codes/louisiana/2013/code-revisedstatutes/title-37/rs-37-1468/

Maine Death Disclosure

Do you have to report a death in your home while selling real estate in Maine?

Maine has no law requiring disclosure of a distressed property to a buyer. In fact, an agent would need written permission from the seller to disclose the information to a buyer should they inquire.

https://activerain.com/blogsview/1901630/disclosing-a–stigmatized–house-in-maine—do-i-have-to–

Maryland Death Disclosure

Do you have to report a death in your home while selling real estate in Maryland?

Maryland does not require disclose of death on a property. The state excludes “homicide, suicide, accidental death , natural death , or felony” as they are not considered material facts.

https://law.justia.com/codes/maryland/2017/business-occupations-and-professions/title-17/subtitle-3/section-17-322.1/

Massachusetts Death Disclosure

Do you have to report a death in your home while selling real estate in Massachusetts?

Massachusetts does not require death to be disclosed. The state excludes psychologically disturbing facts. These include any sort of murder, crime, or “alleged parapsychological or supernatural phenomenon”.

https://malegislature.gov/laws/generallaws/parti/titlexv/chapter93/section114

Michigan Death Disclosure

Do you have to report a death in your home while selling real estate in Michigan?

There is no duty to disclose death in Michigan. The state specifically list murder and suicide as examples on non-disclosure.

http://www.legislature.mi.gov/(S(orzy3ctqsohplo5tq1hqzm2v))/mileg.aspx?page=getobject&objectname=mcl-339-2518

Minnesota Death Disclosure

Do you have to report a death in your home while selling real estate in Minnesota?

Minnesota do not require disclosure of death on a property. The specifically state exclusion of suicide, accidental death, natural death, or perceived paranormal activity.

https://www.revisor.mn.gov/statutes/cite/513.56

Mississippi Death Disclosure

Do you have to report a death in your home while selling real estate in Mississippi?

Mississippi law does not require disclosure of death on a property. The state specifically list natural death, suicide, homicide, or felony crime as examples of excluded facts from disclosure.

https://law.justia.com/codes/mississippi/2013/title-89/chapter-1/real-estate-transfer-disclosure-requirements/section-89-1-527/

Missouri Death Disclosure

Do you have to report a death in your home while selling real estate in Missouri?

Missouri does not require disclosure of death on a property. The state finds that psychologically impacting events are not material. These included homicide, suicide, and felonies.

http://revisor.mo.gov/main/OneSection.aspx?section=442.600&bid=24483&hl=

Montana Death Disclosure

Do you have to report a death in your home while selling real estate in Montana?

Montana has no law requiring disclosure of death on a property. State law specifically prohibits suicides or felonies from being disclosed by an agent.

https://macomberlaw.com/residential-commercial-transactions/buying-real-estate-montana/

Nebraska Death Disclosure

Do you have to report a death in your home while selling real estate in Nebraska?

There is no written law whatsoever concerning disclosure of death in Nebraska. While there no law, non-disclosure could potentially leave a seller liable should issues arise.

https://nebraskalegislature.gov/laws/statutes.php?statute=76-2,120

Nevada Death Disclosure

Do you have to report a death in your home while selling real estate in Nevada?

Nevada dies not require disclosure of death on a property. The state specifically excludes homicide, suicide, and death by other means as requirements for disclosure.

https://red.nv.gov/uploadedFiles/rednvgov/Content/Publications/References/lawguide2014.pdf

New Hampshire Death Disclosure

Do you have to report a death in your home while selling real estate in New Hampshire?

New Hampshire has no requirement for disclosure of death on a property. They specifically exclude murder, felony or suicide from disclosure requirements.

http://www.gencourt.state.nh.us/rsa/html/XLVIII/477/477-4-e.htm

New Jersey Death Disclosure

Do you have to report a death in your home while selling real estate in New Jersey?

New Jersey does not require disclosure of ‘psychologically disturbing facts’, including murder and suicide. New Jersey does require disclosure if the death is intertwined with the physical condition of the home. An example would be death due to toxic mold. Death must also be disclosed if the buyer ask.

https://www.caplanschool.com/the-new-jersey-real-estate-license-act-2012-title-11-page-91/

New Mexico Death Disclosure

Do you have to report a death in your home while selling real estate in New Mexico?

New Mexico does not require disclosure of death on a property. There is no requirement for a seller or homeowner to disclose.

https://law.justia.com/codes/new-mexico/2011/chapter47/article13/section47-13-2

New York Death Disclosure

Do you have to report a death in your home while selling real estate in New York?

New York has no requirement for disclosure of death on a property. They specifically exclude any “death, crime, or stigmatizing feature.”

https://www.nysenate.gov/legislation/laws/RPP/443-A

North Carolina Death Disclosure

Do you have to report a death in your home while selling real estate in North Carolina?

North Carolina has no requirement of disclosure of death on a property. The state mandate states that “death, illness, or conviction of certain crimes is not a material fact”.

https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_39/GS_39-50.pdf

North Dakota Death Disclosure

Do you have to report a death in your home while selling real estate in North Dakota?

North Dakota is a caveat emptor state. Any facts pertaining to stigmatized events are not required to be disclosed. Agents can only disclose with permission of the seller.

https://www.okeeffeattorneys.com/the-role-of-caveat-emptor-in-north-dakota-property-transactions/

Ohio Death Disclosure

Do you have to report a death in your home while selling real estate in Ohio?

Ohio has no requirement for disclosure of death for property. The state does not consider death , suicide or homicide as material issues and there does not require disclosure.

https://www.com.ohio.gov/documents/real_HBGWebVersion.pdf

Oklahoma Death Disclosure

Do you have to report a death in your home while selling real estate in Oklahoma?

Oklahoma does not require disclosure of death on an property. The state considers murder or suicide a stigmatizing fact, and does not consider it material fact.

https://law.justia.com/codes/oklahoma/2016/title-59/section-59-858-513

Oregon Death Disclosure

Do you have to report a death in your home while selling real estate in Oregon?

Oregon does not require discloser of death on a property. The state specifies deaths and violent crimes as facts that ‘do not adversely affect the physical condition’ of a property.

https://www.oregonlegislature.gov/bills_laws/ors/ors093.html

Pennsylvania Death Disclosure

Do you have to report a death in your home while selling real estate in Pennsylvania?

Pennsylvania supreme court ruled in Milliken v Jacano that psychological stigma is not considered a material defect. Since this ruling, agents and sellers are not required to disclose death on property.

https://www.pennlive.com/midstate/2014/07/home_sellers_dont_have_to_tell.html

Rhode Island Death Disclosure

Do you have to report a death in your home while selling real estate in Rhode Island?

Rhode Island does not require the disclosure of death on property. The state does not consider death , crimes, or murders to be material fact requiring disclosure.

http://webserver.rilin.state.ri.us/Statutes/TITLE5/5-20.8/5-20.8-6.HTM

South Carolina Death Disclosure

Do you have to report a death in your home while selling real estate in South Carolina?

South Carolina does not require disclosure of Death on a property. The state specifically prevents homeowners from being liable for disclosure of any psychologically stigmatizing facts.

https://www.scstatehouse.gov/code/t27c050.php

South Dakota Death Disclosure

Do you have to report a death in your home while selling real estate in South Dakota?

South Dakota does require disclosure of death on a property. Sellers must disclose any homicides, suicides, or felonies that occurred within the last 12 months.

https://sdlegislature.gov/Statutes/Codified_Laws/2065012

Tennessee Death Disclosure

Do you have to report a death in your home while selling real estate in Tennessee?

Tennessee does not require disclosure of death on a property. The state excludes any facts that “have no effect on the physical structure of the property. This includes death and suicide.

https://www.nolo.com/legal-encyclopedia/selling-tennessee-home-disclosure-obligations.html

Texas Death Disclosure

Do you have to report a death in your home while selling real estate in Texas?

Texas does not require any disclosure of death on a property. The state excludes facts ‘unrelated to the condition’ of the property form a disclosure requirement.

https://statutes.capitol.texas.gov/Docs/PR/htm/PR.5.htm#5.008

Utah Death Disclosure

Do you have to report a death in your home while selling real estate in Utah?

Utah has no requirement for disclosure of death on a property.

https://le.utah.gov/xcode/Title57/Chapter1/57-1-S37.html?v=C57-1-S37_1800010118000101

Vermont Death Disclosure

Do you have to report a death in your home while selling real estate in Vermont?

There is no explicit law requiring disclosure of death on a property in Vermont. There is, however, a clause that states that “facts a licensee reasonably believes may directly impact the future use or value of the property”. This could be interpreted to assume a murder or crime may need to be disclosed.

https://www.nolo.com/legal-encyclopedia/selling-vermont-home-disclosure-obligations.html

Virginia Death Disclosure

Do you have to report a death in your home while selling real estate in Virginia?

The State of Virginia does not require disclosure of death on a property. The state does not require disclosure of any deaths, including murders or suicide.

https://law.lis.virginia.gov/vacodepopularnames/virginia-residential-property-disclosure-act/

Washington Death Disclosure

Do you have to report a death in your home while selling real estate in Washington?

Washington state does not require disclosure of death on a property.

https://app.leg.wa.gov/rcw/default.aspx?cite=18.86.010

West Virginia Death Disclosure

Do you have to report a death in your home while selling real estate in West Virginia?

West Virginia does not have a law requiring disclosure of death on a property. The state does not consider death to be a material fact requiring disclosure.

http://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=SB433%20SUB1%20ENG.htm&yr=1999&sesstype=RS&i=433

Wisconsin Death Disclosure

Do you have to report a death in your home while selling real estate in Wisconsin?

Wisconsin is a caveat emptor state with no requirement to disclose death on a property. It is the buyers responsibility to discover any facts which may impact the value of the home.

https://www.wisbar.org/newspublications/wisconsinlawyer/pages/article.aspx?Volume=75&Issue=5&ArticleID=379

Wyoming Death Disclosure

Do you have to report a death in your home while selling real estate in Wyoming?

Wyoming does not require the disclosure of death on a property .

https://wyoleg.gov/Legislation/2001/SF0158

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