Attorney States vs Title States

Interactive guide to real estate closing requirements for all 50 states + DC.

In real estate, "attorney states" require a licensed attorney to conduct or supervise closings, while "title states" allow title companies to handle the entire process. Understanding these requirements is crucial for transaction coordinators working across state lines.

11 states require attorneys, 7 states require partial involvement, and 33 states allow title companies.

DocJacket automatically identifies closing requirements based on property state.

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Attorney Required (11)
Partial Attorney (7)
Title Company (33)

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Attorney Required States (11)

These states require a licensed attorney to conduct or supervise real estate closings.

Connecticut

CT

Holds Earnest: Attorney

Attorney must conduct the closing.

Delaware

DE

Holds Earnest: Attorney

Attorney required for real estate closings.

Georgia

GA

Holds Earnest: Attorney

Attorney must control closing "from beginning to end" per 1989 and 2000 court rulings.

Kentucky

KY

Holds Earnest: Attorney

Required per KBA Opinion U-58.

Massachusetts

MA

Holds Earnest: Attorney

Illegal for notaries to conduct closings.

New Hampshire

NH

Holds Earnest: Attorney

Attorney required for closing.

New York

NY

Holds Earnest: Attorney

Not legally required but universally customary. 10% earnest money typical.

North Carolina

NC

Holds Earnest: Attorney

Non-attorneys can dispense closing but cannot give legal counsel.

South Carolina

SC

Holds Earnest: Attorney

Attorney required from start to finish.

Vermont

VT

Holds Earnest: Attorney

Attorney required for real estate closings.

West Virginia

WV

Holds Earnest: Attorney

Attorney required for closing.

Partial Attorney States (7)

These states require attorney involvement for specific tasks (title certification, document prep) but not the full closing.

Alabama

AL

Holds Earnest: Attorney or Title Company

Attorney must prepare legal documents; title companies can do searches and insurance.

Louisiana

LA

Holds Earnest: Attorney

Attorney must examine and certify title.

Maine

ME

Holds Earnest: Attorney or Title Company

Attorney required if lender mandates title search.

Maryland

MD

Holds Earnest: Attorney or Title Company

Attorney must certify deed and mortgage preparation.

Mississippi

MS

Holds Earnest: Attorney

Attorney required for title examination.

North Dakota

ND

Holds Earnest: Attorney

Attorney required for title opinion.

Rhode Island

RI

Holds Earnest: Attorney

Two-installment deposits allowed. Attorney involvement for specific tasks.

Title Company States (33)

These states allow title companies or escrow agents to handle closings without attorney involvement.

Alaska

AK

Holds Earnest: Title Company

Title companies can handle closings without attorney involvement.

Arizona

AZ

Holds Earnest: Title Company

Title companies handle closings. Strong buyer disclosure requirements.

Arkansas

AR

Holds Earnest: Title Company

Title companies can conduct closings.

California

CA

Holds Earnest: Title Company

3% maximum earnest money at risk by law. Escrow handles closings.

Colorado

CO

Holds Earnest: Title Company

Title companies handle closings.

District of Columbia

DC

Holds Earnest: Title Company

Title companies can handle closings without attorney involvement.

Florida

FL

Holds Earnest: Title Company

Title company can close if title insurance is involved.

Hawaii

HI

Holds Earnest: Title Company

Attorneys often hired due to complex land history, but not required.

Idaho

ID

Holds Earnest: Title Company

Title companies handle closings.

Illinois

IL

Holds Earnest: Title Company, Broker, or Attorney

Chicago area: customary to use attorney. Downstate: title companies common.

Indiana

IN

Holds Earnest: Title Company

Title companies can conduct closings.

Iowa

IA

Holds Earnest: Title Company

Title companies handle closings.

Kansas

KS

Holds Earnest: Title Company

Title companies can conduct closings.

Michigan

MI

Holds Earnest: Title Company

Title companies handle closings.

Minnesota

MN

Holds Earnest: Title Company

Title companies can conduct closings.

Missouri

MO

Holds Earnest: Title Company

Lowest closing costs in the US. Title companies handle closings.

Montana

MT

Holds Earnest: Title Company

Title companies can conduct closings.

Nebraska

NE

Holds Earnest: Title Company

Title companies handle closings.

Nevada

NV

Holds Earnest: Title Company

Escrow/title companies handle closings.

New Jersey

NJ

Holds Earnest: Attorney (North) or Title Company (South)

Regional variation: North Jersey uses attorneys, South Jersey uses title companies.

New Mexico

NM

Holds Earnest: Title Company

Title companies can conduct closings.

Ohio

OH

Holds Earnest: Broker

Broker required to hold earnest money. Title companies conduct closings.

Oklahoma

OK

Holds Earnest: Title Company

Attorney may be needed for title work in some cases.

Oregon

OR

Holds Earnest: Title Company

Escrow/title companies handle closings.

Pennsylvania

PA

Holds Earnest: Title Company

Title companies can conduct closings.

South Dakota

SD

Holds Earnest: Title Company

Title companies handle closings.

Tennessee

TN

Holds Earnest: Title Company

Title companies can conduct closings.

Texas

TX

Holds Earnest: Title Company

3-day earnest money deposit deadline. Title companies handle closings.

Utah

UT

Holds Earnest: Title Company

Title companies can conduct closings.

Virginia

VA

Holds Earnest: Title Company

Title companies handle closings.

Washington

WA

Holds Earnest: Escrow Company

Escrow companies handle closings.

Wisconsin

WI

Holds Earnest: Title Company

Title companies can conduct closings.

Wyoming

WY

Holds Earnest: Title Company

Attorney may examine title, but not required for closing.

Complete State Reference

StateRequirementWho Holds EarnestNotes
ConnecticutAttorney RequiredAttorneyAttorney must conduct the closing.
DelawareAttorney RequiredAttorneyAttorney required for real estate closings.
GeorgiaAttorney RequiredAttorneyAttorney must control closing "from beginning to end" per 1989 and 2000 court rulings.
KentuckyAttorney RequiredAttorneyRequired per KBA Opinion U-58.
MassachusettsAttorney RequiredAttorneyIllegal for notaries to conduct closings.
New HampshireAttorney RequiredAttorneyAttorney required for closing.
New YorkAttorney RequiredAttorneyNot legally required but universally customary. 10% earnest money typical.
North CarolinaAttorney RequiredAttorneyNon-attorneys can dispense closing but cannot give legal counsel.
South CarolinaAttorney RequiredAttorneyAttorney required from start to finish.
VermontAttorney RequiredAttorneyAttorney required for real estate closings.
West VirginiaAttorney RequiredAttorneyAttorney required for closing.
AlabamaPartial AttorneyAttorney or Title CompanyAttorney must prepare legal documents; title companies can do searches and insurance.
LouisianaPartial AttorneyAttorneyAttorney must examine and certify title.
MainePartial AttorneyAttorney or Title CompanyAttorney required if lender mandates title search.
MarylandPartial AttorneyAttorney or Title CompanyAttorney must certify deed and mortgage preparation.
MississippiPartial AttorneyAttorneyAttorney required for title examination.
North DakotaPartial AttorneyAttorneyAttorney required for title opinion.
Rhode IslandPartial AttorneyAttorneyTwo-installment deposits allowed. Attorney involvement for specific tasks.
AlaskaTitle CompanyTitle CompanyTitle companies can handle closings without attorney involvement.
ArizonaTitle CompanyTitle CompanyTitle companies handle closings. Strong buyer disclosure requirements.
ArkansasTitle CompanyTitle CompanyTitle companies can conduct closings.
CaliforniaTitle CompanyTitle Company3% maximum earnest money at risk by law. Escrow handles closings.
ColoradoTitle CompanyTitle CompanyTitle companies handle closings.
District of ColumbiaTitle CompanyTitle CompanyTitle companies can handle closings without attorney involvement.
FloridaTitle CompanyTitle CompanyTitle company can close if title insurance is involved.
HawaiiTitle CompanyTitle CompanyAttorneys often hired due to complex land history, but not required.
IdahoTitle CompanyTitle CompanyTitle companies handle closings.
IllinoisTitle CompanyTitle Company, Broker, or AttorneyChicago area: customary to use attorney. Downstate: title companies common.
IndianaTitle CompanyTitle CompanyTitle companies can conduct closings.
IowaTitle CompanyTitle CompanyTitle companies handle closings.
KansasTitle CompanyTitle CompanyTitle companies can conduct closings.
MichiganTitle CompanyTitle CompanyTitle companies handle closings.
MinnesotaTitle CompanyTitle CompanyTitle companies can conduct closings.
MissouriTitle CompanyTitle CompanyLowest closing costs in the US. Title companies handle closings.
MontanaTitle CompanyTitle CompanyTitle companies can conduct closings.
NebraskaTitle CompanyTitle CompanyTitle companies handle closings.
NevadaTitle CompanyTitle CompanyEscrow/title companies handle closings.
New JerseyTitle CompanyAttorney (North) or Title Company (South)Regional variation: North Jersey uses attorneys, South Jersey uses title companies.
New MexicoTitle CompanyTitle CompanyTitle companies can conduct closings.
OhioTitle CompanyBrokerBroker required to hold earnest money. Title companies conduct closings.
OklahomaTitle CompanyTitle CompanyAttorney may be needed for title work in some cases.
OregonTitle CompanyTitle CompanyEscrow/title companies handle closings.
PennsylvaniaTitle CompanyTitle CompanyTitle companies can conduct closings.
South DakotaTitle CompanyTitle CompanyTitle companies handle closings.
TennesseeTitle CompanyTitle CompanyTitle companies can conduct closings.
TexasTitle CompanyTitle Company3-day earnest money deposit deadline. Title companies handle closings.
UtahTitle CompanyTitle CompanyTitle companies can conduct closings.
VirginiaTitle CompanyTitle CompanyTitle companies handle closings.
WashingtonTitle CompanyEscrow CompanyEscrow companies handle closings.
WisconsinTitle CompanyTitle CompanyTitle companies can conduct closings.
WyomingTitle CompanyTitle CompanyAttorney may examine title, but not required for closing.

Common Questions

What is an "attorney state" in real estate?

An attorney state is a state where law or court rulings require a licensed attorney to conduct or supervise real estate closings. In these states, an attorney must be present at closing and handle the legal aspects of the transaction, including document preparation, title examination, and fund disbursement.

What is a "title state" in real estate?

A title state (also called an escrow state) is a state where title companies or escrow agents can handle real estate closings without attorney involvement. Title companies conduct the closing, handle document preparation, perform title searches, and disburse funds.

Do I need an attorney for closing in a title state?

In title states, you are not legally required to have an attorney at closing. However, you may still choose to hire one for complex transactions, legal disputes, or if you want professional legal advice. The decision is optional and depends on your comfort level and transaction complexity.

Who holds earnest money in attorney states vs title states?

In attorney states, the closing attorney typically holds earnest money in their escrow account. In title states, the title company or escrow agent holds the funds. Some states allow brokers to hold earnest money regardless of closing requirements.

Why do some states require attorneys for closings?

States require attorneys to protect consumers from unauthorized practice of law. Real estate transactions involve complex legal documents, property rights, and significant financial risk. Attorney states believe legal oversight ensures proper execution of these transactions.

Are closing costs higher in attorney states?

Generally yes. Attorney states tend to have higher closing costs due to legal fees. However, this varies by location and attorney rates. Title states like Missouri have some of the lowest closing costs nationally, while attorney states in the Northeast tend to be higher.

Never Miss State-Specific Requirements

DocJacket automatically identifies closing requirements based on property state and tracks attorney involvement, title company coordination, and earnest money deadlines.

Last updated: January 2025

Sources: State Bar Associations, American Land Title Association, State Real Estate Commission Guidelines