Attorney State vs Title State: What’s the Difference in Real Estate Closings?
Real estate closings are handled very differently depending on the state you’re in. Some states require attorneys, while others rely on title companies or escrow agents. This guide explains the difference — and why it matters.
💡 Quick Answer
In an attorney state, a real estate attorney is required or customarily involved in the closing process. In a title state, the closing is typically handled by a title company or escrow agent, and attorney involvement is optional.
Why the Difference Matters
Whether you’re in an attorney state or a title state affects who prepares documents, who oversees the closing, how disputes are handled, and how much the transaction may cost.
Understanding this distinction helps buyers and sellers set expectations and avoid confusion during closing.
⚖️ What Happens in an Attorney State
In an attorney state, a licensed real estate attorney plays a central role in the closing. This may be required by law or strongly established by local practice.
- An attorney prepares or reviews closing documents
- An attorney may conduct or attend the closing
- Legal advice is part of the closing process
- Title companies may still assist with title insurance
For a definition-level explanation, see What Is an Attorney State in Real Estate?.
🏢 What Happens in a Title State
In a title state, closings are handled by title companies or escrow agents. Attorney involvement is optional and separate from the closing itself.
- A title company or escrow agent conducts the closing
- Documents and funds are handled administratively
- Title insurance is issued as part of the process
- Attorneys may be hired independently if desired
Learn the definition in What Is a Title State in Real Estate?.
Attorney State vs Title State: Key Differences
| Attorney State | Title State |
|---|---|
| Attorney required or customary | Attorney optional |
| Legal oversight built into closing | Administrative closing process |
| Higher legal involvement | Lower upfront legal cost |
| Common in Northeast & Midwest | Common in Western & Southern states |
How to Know Which Type of State You’re In
Your state’s closing process is determined by law and local custom. Real estate agents, title companies, or lenders can typically confirm whether your state follows an attorney or title model.
Where Brokerless Fits In
Brokerless works in both attorney states and title states. We coordinate with the appropriate professionals while helping buyers and sellers avoid unnecessary commission costs.
🚀 Buying or Selling a Home?
Understand your state’s closing requirements and keep more control over your transaction.