Most homebuyers assume they’re getting the full story about a property’s history before signing on the dotted line. But in many parts of the country, sellers are not legally required to volunteer information about whether someone died inside the home.

While laws vary from state to state, a death is often considered a “non-material fact,” meaning it doesn’t affect the home’s structure, safety, or functionality. As a result, unless buyers specifically ask, the subject may never come up during the transaction. If knowing a home’s history matters to you, these are the states where sellers generally do not have to disclose a previous death.

States Where Sellers Typically Do Not Have to Disclose a Death

In the following states, sellers are generally not required to volunteer information about a death that occurred in the home:

Alabama
Arizona
Arkansas
Colorado
Florida
Georgia
Idaho
Illinois
Indiana
Iowa
Kentucky
Louisiana
Maryland
Massachusetts
Michigan
Minnesota
Missouri
Montana
Nebraska
New Hampshire
New Mexico
New York
North Carolina
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
Tennessee
Utah
Virginia
Washington
Washington, D.C.
West Virginia

In these states, a prior death is generally not considered a material fact affecting the property’s value or safety. Buyers who want to know a home’s full history often need to ask directly or conduct their own research.

States Where Disclosure Is Usually Required Only If the Buyer Asks

A few states place more responsibility on the buyer than the seller.

Connecticut and Delaware

In these states, sellers generally do not have to volunteer information about a death in the home. However, if a buyer submits a written request asking about it, the seller may be required to respond truthfully.

States Where Sellers Need Permission to Disclose

Maine and North Dakota

These states have unique privacy rules regarding deaths on a property. In many situations, an agent may need the seller’s permission before sharing information about a death that occurred in the home.

States Where Deaths Usually Don’t Need to Be Disclosed—Unless the Property Caused It

New Jersey, Nevada, and Texas

These states generally do not require disclosure of a death unless it resulted from a condition of the property itself. For example, if a death occurred because of toxic mold, carbon monoxide poisoning, faulty wiring, or another dangerous defect, disclosure may be required because the issue could affect future occupants.

States Where Disclosure Depends on Whether It Affects Value

Vermont and Wisconsin

These states take a more case-by-case approach. Disclosure may be required if the death is likely to affect the future use, desirability, or market value of the property.

States That Recommend Disclosure but Don’t Always Require It

Hawaii, Kansas, and Ohio

While disclosure may not be legally required in every situation, sellers and agents are often encouraged to disclose deaths to avoid future disputes and maintain transparency during the transaction.

Why Buyers Should Ask

If learning about a property’s history matters to you, don’t assume your real estate agent or the seller will automatically bring it up. In many states, they are under no obligation to volunteer the information.

A simple question during the buying process can provide answers that might otherwise never come to light. Whether a previous death matters to you personally or not, it’s always better to know before you close than to hear about it from a neighbor months after you’ve moved in.