In short
6 states require an attorney to close: Connecticut, Delaware, Georgia, North Carolina, South Carolina and West Virginia. 8 states require an attorney for part of the closing, such as drafting the deed: Alabama, Iowa, Kentucky, Louisiana, Mississippi, New York, Ohio and Oklahoma. 36 states do not require an attorney at closing.
The table
| State | Attorney | Rule | Who usually closes |
|---|---|---|---|
| Alabama | Partly required | No Alabama statute read requires an attorney at closing, but Ala. Code 34-3-6 makes drawing deeds and mortgages for others for pay the practice of law and bars title companies from preparing them. Alabama State Bar Formal Opinion RO-94-01 lets non-lawyers run only the ministerial steps of a closing. | Attorney prepares the documents; a title company or attorney may run the signing table (ministerial steps only) |
| Alaska | Not required | No Alaska statute requires an attorney for a home sale. AS 21.66.180 lets a title insurance company hold the escrow and run the closing, and AS 08.88.405 lets real estate licensees prepare purchase contracts. | Title insurance company (escrow, settlement and closing) |
| Arizona | Not required | No Arizona statute read requires an attorney. Escrow agents must hold a state license (A.R.S. 6-813); attorneys licensed in Arizona are exempt if not actively conducting an escrow business (6-811(A)(1)). | Licensed escrow agent (escrow company) |
| Arkansas | Not required | No Arkansas statute or Real Estate Commission rule read requires an attorney to attend or conduct a residential closing. Under Pope County Bar Association v. Suggs (1981) and 17 CAR 220-1009(c), agents may fill in blanks only on attorney-approved forms for simple transactions. | — |
| California | Not required | California home sales close through escrow under the Escrow Law (Financial Code 17000 ff.). Licensed escrow companies, title insurers, banks, brokers and attorneys may hold escrows (Fin. Code 17006); the law does not make an attorney part of the closing. Only State Bar licensees may practice law (Bus. & Prof. Code 6125). | Escrow (licensed independent escrow company, or a title insurer, broker or attorney acting as controlled escrow) |
| Colorado | Not required | No Colorado statute read (Titles 10, 12, 38) requires an attorney to close. Title insurance companies and agents provide closing and settlement services (C.R.S. 10-11-102(3.5)). Brokers must advise clients to consult legal counsel before signing standard forms (12-10-403(4)(c)). | Title insurance company or agent |
| Connecticut | Required | Conn. Gen. Stat. 51-88a: no one may conduct a real estate closing unless admitted as an attorney in Connecticut and in good standing. Violation is unauthorized practice of law under 51-88, a class D felony in the ordinary case. | Attorney (Connecticut-admitted) |
| Delaware | Required | Matter of Mid-Atlantic Settlement Services, Inc. (Del. Supreme Court, May 31, 2000): a Delaware-licensed attorney must conduct the closing of a sale or refinance of Delaware real property and be involved in drafting or reviewing documents affecting title. The rule comes from the Court, not a statute. | Attorney (Delaware-licensed) |
| Florida | Not required | No Florida statute requires a lawyer at a home closing. A DFS-licensed title insurance agent may conduct closing services and hold escrow (Fla. Stat. 626.8417, 626.8473, 627.7711). Florida Bar Ethics Opinion 89-5 notes the Florida Supreme Court permits title companies to conduct closings. | Title insurance agent or agency (or attorney) |
| Georgia | Required | In re UPL Advisory Opinion 2003-2, 277 Ga. 472 (Ga. 2003): only a licensed Georgia attorney may prepare or facilitate execution of a deed of conveyance, and closing a real estate transaction for a seller, borrower or lender is unauthorized practice of law for anyone else. Parties may handle their own transaction pro se. Witness-only closings are rejected. | Attorney (licensed Georgia attorney in control of the closing; staff only under direct, constant supervision) |
| Hawaii | Not required | No Hawaii statute read requires an attorney to close. HRS 449-5 allows only a licensed escrow depository corporation to act as escrow for a fee; a licensed attorney or broker may hold escrow only if no escrow fee is charged (449-3). | Licensed escrow depository (escrow company) |
| Idaho | Not required | No Idaho statute read requires an attorney to close. The title insurance chapter puts escrow and closing work inside the title business (Idaho Code 41-2704(3)); title agents are licensed, bonded $10,000 to $50,000 and file escrow fees with the Department of Insurance (41-2705, 41-2710, 41-2711). | Licensed title insurance agent or insurer (title company) |
| Illinois | Not required | No Illinois statute read requires an attorney to close. Only licensed attorneys may be paid for legal services (705 ILCS 205/1); a title insurance company or registered agent may handle escrow and closing if it issues closing protection letters (215 ILCS 155/16.1). | Title insurance company or registered title agent may hold escrow and close; attorney optional (article does not say which is usual) |
| Indiana | Not required | No Indiana statute read requires an attorney at closing. IC 33-43-2-1 reserves the practice of law to admitted attorneys (Class B misdemeanor otherwise). Every recorded deed must name who prepared it (IC 36-2-11-15), but not necessarily a lawyer. | — |
| Iowa | Partly required | No Iowa statute or court rule read requires an attorney at closing, but Iowa Court Rule 37.5 bars nonlawyers from preparing deeds, and Iowa Code 16.91(6) requires a title opinion from a participating attorney for a title guaranty. | Participating closers: Iowa-licensed attorney (lawyer trust account), closing agent licensed by the Division of Banking, or real estate broker (real estate trust account) |
| Kansas | Not required | No Kansas statute read requires a real estate attorney at closing. K.S.A. 40-1137 lets title insurance agents operate as escrow, settlement or closing agents if they hold client funds in separate fiduciary trust accounts. | Title insurance agent (escrow, settlement or closing agent) |
| Kentucky | Partly required | No Kentucky statute or court rule read requires an attorney to attend a closing. KBA opinion U-63 lists drafting a deed for another person as unauthorized practice of law by a non-lawyer, and KRS 382.335 requires every recorded deed to show the name, address and signature of its preparer. KBA U-31 (1981) allowed ministerial closings by lay people; U-58 (1999) was vacated in 2003 (Countrywide v. KBA, 113 S.W.3d 105). | Attorney or title company (article says it depends on the contract and lender) |
| Louisiana | Partly required | A Louisiana home sale is normally passed by act of sale before a notary and two witnesses (Civil Code art. 1833, 1839, 2440). No statute read orders parties to hire a lawyer, but R.S. 37:212 makes drafting acts of sale for pay and giving title opinions the practice of law, and title insurance must rest on a Louisiana attorney opinion (R.S. 37:212(B)). | Notary public (may or may not be a lawyer) for the act; licensed Louisiana attorney drafts the act and certifies title |
| Maine | Not required | No Maine statute read requires an attorney to prepare the deed, run the closing or attend. 4 M.R.S. 807 reserves the practice of law to lawyers admitted in Maine (Class E crime otherwise). | — |
| Maryland | Not required | No Maryland law read requires an attorney to close. Preparing a deed is the practice of law (Bus. Occ. & Prof. 10-101(h)(2)(ii)), and a deed cannot be recorded without a certification that a Maryland attorney or a party to the deed prepared it (Real Prop. 3-104(f)). The Maryland Insurance Administration says only licensed producers can conduct settlements. | Title company (licensed producer) conducts the settlement |
| Massachusetts | Not required | None of the Massachusetts General Laws sections read says a lawyer must attend a home closing. M.G.L. c. 221, 46A reserves the practice of law to members of the Massachusetts bar. | — |
| Michigan | Not required | No Michigan statute read requires an attorney. Only persons licensed in Michigan may practice law (MCL 600.916), and a recorded instrument must carry the name and business address of its drafter (MCL 565.201). State Bar opinion RI-298 says a lawyer may not be named as drafter without drafting or reviewing the deed. | — |
| Minnesota | Not required | Minn. Stat. 507.45 lets a licensed attorney, real estate broker, salesperson or licensed closing agent provide residential closing services for a fee. Brokers, salespersons and closing agents may not give opinions on the legal effect of closing documents (507.45, subd. 3(a)). | Attorney, real estate broker, salesperson or licensed real estate closing agent (the statutes do not pick one) |
| Mississippi | Partly required | Miss. Code 73-3-55: anyone who writes a deed of conveyance, deed of trust or mortgage for a fee is practicing law. A broker may not practice law, give legal advice or prepare documents fixing the parties legal rights (73-35-21(2)). No text read says a buyer must have a lawyer or that a lawyer must attend closing. | Licensed Mississippi attorney prepares deeds and deeds of trust; title companies certify titles only through a licensed attorney agent (or as a chartered abstract company) |
| Missouri | Not required | No Missouri statute read requires an attorney. RSMo 381.022 lets a title insurer, agency or agent act as closing agent only if a title commitment and closing protection letters are issued. Only a lawyer may give legal advice or draft custom documents (RSMo 484.010; Hulse v. Criger; In re First Escrow). | Title company (usually) |
| Montana | Not required | No Montana statute read requires an attorney at closing. A business that regularly holds escrow funds needs a state escrow license (MCA 32-7-102); licensed attorneys and brokers are exempt in set circumstances (MCA 32-7-103). | — |
| Nebraska | Not required | No Nebraska statute or court rule read requires a lawyer for a home sale. Supreme Court rule 3-1004 lets licensed brokers and title companies prepare standardized forms (purchase agreements, deeds, closing statements) if they give no advice on legal effect. | Title company or licensed broker on standardized forms (a closing can run through a title company with no lawyer) |
| Nevada | Not required | No Nevada rule read requires a buyer or seller to hire an attorney. Anyone administering escrows for pay must be licensed as an escrow agent or agency (NRS 645A.015, as quoted by the Division of Mortgage Lending). Licensees may not give legal advice. | Escrow agency staffed by licensed escrow agents |
| New Hampshire | Not required | No New Hampshire statute read makes an attorney mandatory at a home sale. RSA 477:52 and RSA 397-A:14-b regulate loan funds and the parts of a closing; RSA 331-A:4 exempts attorneys acting as attorneys from broker licensing. | — |
| New Jersey | Not required | No New Jersey statute, rule or court opinion read requires a lawyer at closing. When an agent prepares a sale contract, N.J.A.C. 11:5-6.2(g) (as applied in Conley v. Guerrero, 2017) requires a three business day attorney-review period for both sides. | — |
| New Mexico | Not required | No New Mexico statute or Real Estate Commission rule read requires a buyer or seller to hire an attorney. Companies holding escrow money for pay need a state escrow license (NMSA 58-22-7); brokers must advise consulting an attorney about contracts (16.61.19.8 NMAC). | Licensed escrow company, or an exempt bank, a New Mexico lawyer, or a broker trust account (article lists these options) |
| New York | Partly required | The sources read contain no rule that a buyer or seller must retain a lawyer. Judiciary Law 478 and 484 bar non-lawyers from charging to prepare deeds, mortgages and other real estate instruments, and brokers may fill in only a simple contract subject to each party attorney approval (Dept. of State Legal Memorandum LI04). | — |
| North Carolina | Required | NC State Bar Authorized Practice Advisory Opinion 2002-1: a nonlawyer may not handle a residential real estate closing because most steps (title examination, deed preparation, explaining documents, disbursement decisions, title opinion) are the practice of law under G.S. 84-2.1 to 84-5. Nonlawyers may only present documents, show where to sign, and receive and disburse funds. | Attorney (closing attorney chosen by the buyer, who records the deed and disburses funds) |
| North Dakota | Not required | No North Dakota statute read requires an attorney for a residential closing. N.D.C.C. 27-11-01 only requires that a person practicing law be admitted to the bar. The Insurance Department says title agents may hold escrow and perform closing services for an additional fee. | Title company closing department, lender or attorney (the statutes do not assign it to one) |
| Ohio | Partly required | No Ohio statute read requires a buyer or seller to hire an attorney. The Supreme Court of Ohio treats drafting a deed for someone else as the practice of law (Ohio State Bar Assn. v. Dalton, 2010-Ohio-619), and brokers may not perform services constituting the practice of law (R.C. 4735.02(A)). | — |
| Oklahoma | Partly required | No Oklahoma statute or OREC material read requires a buyer or seller to hire an attorney. 36 O.S. 5001(C) bars issuing a title insurance commitment or policy until an Oklahoma-licensed attorney has examined the abstract of title; the buyer does not have to hire that attorney. | Title Closing Company (the term used in the standard OREC contract) |
| Oregon | Not required | No Oregon statute read requires an attorney to close. Escrow agents must be licensed (ORS 696.511) and an attorney acting as an attorney is not treated as an escrow agent (ORS 696.520). Escrow agents may fill in blanks but may not draft, select or advise on real estate documents (ORS 9.160) and must give a written notice that the party may consult an attorney. | Licensed escrow agent (often a title company); an attorney may act as escrow |
| Pennsylvania | Not required | No Pennsylvania statute or rule read requires an attorney to close a home sale. Title insurance agents may handle escrow, settlements and closings under a certificate from the Insurance Department (Insurance Company Law of 1921, 724). Legal advice is reserved to attorneys (42 Pa.C.S. 2524). | Title insurance agent (commonly) |
| Rhode Island | Not required | No Rhode Island statute read makes an attorney mandatory for a residential closing. R.I. Gen. Laws 11-27-2 defines the practice of law to include drafting instruments usually prepared by attorneys; the Title Insurers Act (27-2.6-3) describes title insurance agents handling escrows, settlements and closings. | Title insurance agent (as described in the Title Insurers Act); attorneys also appear in lending statutes |
| South Carolina | Required | South Carolina Supreme Court: all real estate and mortgage loan closings must be supervised by an attorney (Matrix Financial Services Corp. v. Frazer, 2011; Doe v. McMaster, 2003; State v. Buyers Service Co., 1987). The rule comes from the Court power to regulate the practice of law, not from a statute. | Attorney (licensed South Carolina attorney supervises; title companies may assist only under attorney supervision) |
| South Dakota | Not required | No South Dakota statute read says a buyer or seller must hire an attorney to close. SDCL 16-18-1 reserves the practice of law to active State Bar members, and a licensed agent may draft only five kinds of documents (SDCL 36-21A-71). | — |
| Tennessee | Not required | No Tennessee statute or court rule read requires a lawyer at closing. Attorney General Opinion 07-88 (2007) says preparing deeds, deeds of trust and sale contracts is not the practice of law (Tenn. Code 23-3-101(2)) but can be law business when it takes a lawyer professional judgment (23-3-101(1)). | — |
| Texas | Not required | No Texas statute requires an attorney to close a home sale. Title insurance agents and licensed escrow officers regulated by TDI (Insurance Code ch. 2651-2652) can handle the closing; an attorney may perform escrow officer duties without an escrow license (2652.003). Drafting legal documents for others is the practice of law (Gov. Code 81.101). | Title company (title insurance agent and licensed escrow officer) |
| Utah | Not required | No Utah statute or state purchase contract read requires a real estate attorney to close. A title insurance producer holding the title line and escrow subline may do escrow involving real property transactions (Utah Code 31A-23a-406). Licensees may fill out only forms approved by the commission and attorney general (61-2f-306). | Title insurance agency with an escrow license (escrow/closing office) |
| Vermont | Not required | No Vermont statute read says a home sale must be closed by an attorney. A deed must be signed, acknowledged before a notary and recorded in the town clerk office (27 V.S.A. 341). Practicing law without a license is prohibited (Administrative Order 41, section 1). | — |
| Virginia | Not required | No Virginia statute read requires a buyer or seller to hire a lawyer. Code of Virginia 55.1-1003 limits who may act as settlement agent to six kinds, one of which is a Virginia-licensed attorney (others: title insurer, title agent, licensed real estate broker, financial institution, its affiliate). | Settlement agent: attorney, title insurance company or agent, licensed real estate broker, or financial institution (buyer chooses) |
| Washington | Not required | No Washington statute or court rule read requires an attorney. Escrow agents need a Department of Financial Institutions license unless exempt, including banks, title insurers and agents, and lawyers (RCW 18.44.021). Limited practice officers may complete approved closing forms under Admission and Practice Rule 12. | Licensed escrow company, title company, bank or attorney office (the statute does not say which) |
| West Virginia | Required | No West Virginia statute read says a buyer or seller must hire an attorney, but the State Bar Unlawful Practice of Law Committee (Advisory Opinion 2010-002 Amended) says conducting a title examination and a real estate closing is the practice of law; a non-lawyer may do it only under a lawyer direct supervision and control. Individuals may represent themselves. | Attorney, or a lay person under the attorney direct supervision and control |
| Wisconsin | Not required | No Wisconsin statute read (chapters 452, 709, 757, 846) requires a lawyer to buy or sell a home. Wis. Stat. 452.40 lets licensees fill in approved forms but bars them from advising on the legal effect of a specific contract or conveyance or on title. | — |
| Wyoming | Not required | No Wyoming statute read requires an attorney to buy or sell a home. The Wyoming Title Insurance Act lets a licensed title insurer or title agent engage in escrow, settlement and closing (W.S. 26-23-314) and does not authorize anyone to practice law (26-23-302(c)). | Licensed title insurer or title agent |
“—” means the state article does not state it. Download the data: attorney-required-at-closing.json (CC BY 4.0, cite Payotte with a link).
State by state, in one sentence
- Alabama
- No Alabama statute says a buyer or seller must hire an attorney to close, but under Ala. Code 34-3-6 only a lawyer may prepare deeds and mortgages for others for pay, so an attorney normally prepares or supervises the legal documents even when a title company runs the table.
- Alaska
- Alaska does not require an attorney to buy or sell a home: a title insurance company may hold the escrow and run the closing (AS 21.66.180), and licensed real estate agents may prepare purchase contracts (AS 08.88.405).
- Arizona
- Arizona law does not require an attorney to buy or sell a home; instead an escrow agent must hold a state license (A.R.S. 6-813), and a licensed broker or salesperson handles most transactions.
- Arkansas
- No Arkansas statute or rule read requires an attorney to attend or conduct a residential closing, but agents may fill in blanks only on attorney-approved forms for simple transactions (17 CAR 220-1009(c), Pope County Bar Association v. Suggs).
- California
- No. California home sales close through escrow, and the Escrow Law lets licensed escrow companies, title insurers, banks, brokers and attorneys hold escrows, so no attorney is required; a written fee contract is required if a lawyer is hired and fees will exceed $1,000 (Bus. & Prof. Code 6148).
- Colorado
- No Colorado statute read requires a buyer or seller to hire an attorney to close; closings are normally run by a title insurance company or agent that provides closing and settlement services (C.R.S. 10-11-102).
- Connecticut
- Yes. Under Conn. Gen. Stat. 51-88a, no one may conduct a real estate closing in Connecticut unless admitted as an attorney in the state and in good standing; violating this is a class D felony in the ordinary case.
- Delaware
- Yes. In Matter of Mid-Atlantic Settlement Services (Del. 2000), the Delaware Supreme Court held that a Delaware-licensed attorney must conduct the closing of a sale or refinance of Delaware real property.
- Florida
- No. As of October 2026 no Florida statute requires a lawyer at a home closing; a title insurance agent licensed by the Department of Financial Services can close and hold escrow funds (Fla. Stat. 626.8417, 626.8473).
- Georgia
- Yes. In In re UPL Advisory Opinion 2003-2 (277 Ga. 472, 2003) the Supreme Court of Georgia held that only a licensed Georgia attorney may prepare or facilitate execution of a deed of conveyance, so closing a transaction for a seller, borrower or lender is unauthorized practice of law for non-lawyers.
- Hawaii
- The Hawaii statutes read do not require a buyer or seller to hire an attorney to close; only a licensed escrow depository corporation may act as escrow for a fee (HRS 449-5), while attorneys and brokers may hold escrow only with no escrow fee (HRS 449-3).
- Idaho
- None of the Idaho statutes read requires a buyer or seller to hire an attorney to close; Idaho instead regulates title insurance agents who handle escrow and closings, with a state license and a bond of $10,000 to $50,000 (Idaho Code 41-2704, 41-2711).
- Illinois
- No Illinois statute read requires a buyer or seller to hire an attorney to close a home sale; a title company or registered agent may handle the escrow and closing if it issues closing protection letters (215 ILCS 155/16.1).
- Indiana
- The Indiana statutes read do not require an attorney to close a home sale, although engaging in the business of a practicing lawyer without admission is a Class B misdemeanor (IC 33-43-2-1) and a lender or contract may still require one.
- Iowa
- No Iowa statute or court rule read requires an attorney at closing, but nonlawyers may not prepare deeds (Iowa Court Rule 37.5) and a title guaranty requires a title opinion from a participating attorney (Iowa Code 16.91(6)).
- Kansas
- None of the Kansas statutes read requires a real estate attorney at a home closing; title insurance agents may operate as escrow, settlement or closing agents if they hold client money in separate fiduciary trust accounts (K.S.A. 40-1137).
- Kentucky
- No Kentucky statute or court rule read requires an attorney to attend a home closing, but a non-lawyer drafting a deed for another person is the practice of law (KBA U-63) and every recorded deed must show who prepared it (KRS 382.335).
- Louisiana
- No Louisiana statute read orders buyers or sellers to hire a lawyer, but R.S. 37:212 treats preparing acts of sale for pay and giving title opinions as the practice of law, so a Louisiana attorney is built into a normal closing before a notary and two witnesses.
- Maine
- The Maine statutes read do not require a buyer or seller to hire an attorney to close a home sale, though practicing law without admission is a Class E crime (4 M.R.S. 807).
- Maryland
- No Maryland law read requires a buyer or seller to hire an attorney to close, but a deed cannot be recorded without a certification that an attorney or a party prepared it (Real Property 3-104(f)), and only licensed producers can conduct settlements.
- Massachusetts
- None of the Massachusetts General Laws sections read for this article says a lawyer must attend a home closing, but only members in good standing of the Massachusetts bar may practice law (M.G.L. c. 221, 46A).
- Michigan
- The Michigan statutes read do not require an attorney to buy or sell a home; only a person licensed in Michigan may practice law (MCL 600.916) and a recorded deed must name its drafter (MCL 565.201).
- Minnesota
- Minnesota does not require an attorney at a home closing: Minn. Stat. 507.45 lets a licensed attorney, real estate broker, salesperson or real estate closing agent provide closing services for a fee, with the fee disclosed in writing at least five business days before closing.
- Mississippi
- No Mississippi statute or Bar material read says a buyer or seller must hire an attorney to close, but anyone who writes a deed, deed of trust or mortgage for a fee is practicing law (Miss. Code 73-3-55), so those documents must come from a Mississippi-licensed lawyer.
- Missouri
- None of the Missouri statutes read requires a buyer or seller to hire a real estate attorney; a title company usually runs the closing under RSMo 381.022, and only a lawyer may give legal advice or draft custom documents (RSMo 484.010).
- Montana
- The Montana statutes read, as of October 2026, do not require an attorney at a home closing; a business that regularly holds escrow funds needs a state escrow license, with exemptions for attorneys and brokers (MCA 32-7-102, 32-7-103).
- Nebraska
- The Nebraska texts read do not require a buyer or seller to hire an attorney to close; under Supreme Court rule 3-1004 licensed brokers and title companies may fill in standardized forms such as purchase agreements and deeds if they give no advice on legal effect.
- Nevada
- In the Nevada statutes and state publications read, no rule requires a buyer or seller to hire an attorney for a home closing; funds and documents move through an escrow, and anyone running escrows for pay must hold a state license (NRS 645A.015).
- New Hampshire
- None of the New Hampshire statutes read says a buyer or seller must hire a real estate attorney to close; the law regulates the closing itself, for example the approved forms of loan funds at closing (RSA 477:52).
- New Jersey
- The New Jersey statutes, rules and court opinions read do not require a lawyer at a home closing, but when an agent prepares the sale contract both sides get a three business day attorney-review period (N.J.A.C. 11:5-6.2(g), Conley v. Guerrero, 2017).
- New Mexico
- The New Mexico statutes and Real Estate Commission rules read do not require a buyer or seller to hire an attorney for a home closing; companies that hold escrow money for pay need a state escrow license (NMSA 58-22-7).
- New York
- New York does not make a buyer or seller hire a lawyer, but Judiciary Law 484 bars non-lawyers from charging to prepare deeds and mortgages, and brokers may fill in only a simple contract that is subject to each party attorney approval.
- North Carolina
- In North Carolina the State Bar says a nonlawyer may not handle a residential real estate closing (Authorized Practice Advisory Opinion 2002-1), and the Real Estate Commission says the closing will probably be handled by an attorney chosen by the buyer.
- North Dakota
- The North Dakota statutes read do not require an attorney to close a home sale; the Insurance Department says title insurance agents may also hold money in escrow and perform closing services for an additional fee.
- Ohio
- None of the Ohio statutes read requires a buyer or seller to hire a real estate attorney, but the Supreme Court of Ohio treats drafting a deed for someone else as the practice of law (Ohio State Bar Assn. v. Dalton, 2010), so agents and title companies cannot do it unless a lawyer is involved.
- Oklahoma
- No Oklahoma statute or OREC material read requires you to hire an attorney to buy or sell a home, but 36 O.S. 5001(C) bars issuing a title insurance commitment or policy until an Oklahoma-licensed attorney has examined the abstract of title.
- Oregon
- None of the Oregon statutes read requires a buyer or seller to hire an attorney to close; closings can be run by a licensed escrow agent (ORS 696.511) or by an attorney acting as one (ORS 696.520), and escrow agents must tell you in writing that you may consult an attorney.
- Pennsylvania
- In the Pennsylvania statutes and rules read, no law requires an attorney to close a home sale; closings are commonly run by title insurance agents who hold a certificate of qualification from the Pennsylvania Insurance Department (Insurance Company Law of 1921, 724.1).
- Rhode Island
- The Rhode Island statutes read do not say a buyer or seller must hire an attorney to close on a home, though the practice of law includes drafting instruments usually prepared by attorneys (R.I. Gen. Laws 11-27-2) and the Title Insurers Act describes closings run by title insurance agents.
- South Carolina
- Yes. The South Carolina Supreme Court has held that all real estate and mortgage loan closings must be supervised by a licensed attorney (Matrix Financial Services Corp. v. Frazer, 2011).
- South Dakota
- None of the South Dakota statutes read says a buyer or seller must hire an attorney to close, but only an active State Bar member may practice law (SDCL 16-18-1) and a licensed agent may draft only five kinds of documents (SDCL 36-21A-71).
- Tennessee
- None of the Tennessee sources read requires a lawyer at a home closing; a 2007 Attorney General opinion (07-88) says preparing deeds, deeds of trust and sale contracts is not the practice of law, though it can be law business when it takes a lawyer professional judgment.
- Texas
- No. No Texas statute requires an attorney to close a home sale; a title insurance agent and its licensed escrow officer, regulated by the Texas Department of Insurance, can handle the closing, and TDI says you may also have an attorney attend.
- Utah
- In the Utah statutes and state purchase contract read, no rule requires a buyer or seller to hire a real estate attorney to close; closings are handled by a title insurance agency with an escrow license (Utah Code 31A-23a-406).
- Vermont
- None of the Vermont statutes read says a home sale must be closed by an attorney; a deed must be signed, acknowledged before a notary and recorded in the town clerk office (27 V.S.A. 341).
- Virginia
- No Virginia statute read requires a buyer or seller to hire a lawyer; Code of Virginia 55.1-1003 limits who may run a closing to six kinds of settlement agent, one of which is a Virginia-licensed attorney, and only an attorney can give legal advice at the table.
- Washington
- The Washington statutes and court rules read do not require a buyer or seller to hire an attorney to close; escrow agents need a license from the Department of Financial Institutions unless exempt, such as a bank, a title insurer or agent, or a lawyer (RCW 18.44.021).
- West Virginia
- In West Virginia the State Bar Unlawful Practice of Law Committee says conducting a title examination and a real estate closing is the practice of law, so a non-lawyer may do it only under a lawyer direct supervision and control, although no statute read says a buyer or seller must hire an attorney.
- Wisconsin
- None of the Wisconsin statutes read requires a lawyer to buy or sell a home, but a real estate licensee may not advise on the legal effect of a specific contract or conveyance or on title (Wis. Stat. 452.40).
- Wyoming
- No Wyoming statute read requires an attorney to buy or sell a home; the Wyoming Title Insurance Act lets a licensed title insurer or title agent run escrow, settlement and closing (W.S. 26-23-314) but does not authorize anyone to practice law.
Questions
Which states require an attorney at a real estate closing?
6 states: Connecticut, Delaware, Georgia, North Carolina, South Carolina and West Virginia.
In which states is an attorney required for part of the closing?
8 states: Alabama, Iowa, Kentucky, Louisiana, Mississippi, New York, Ohio and Oklahoma.
In which states is no attorney required at closing?
36 states: Alaska, Arizona, Arkansas, California, Colorado, Florida, Hawaii, Idaho, Illinois, Indiana, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Dakota, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Wisconsin and Wyoming.
Other state-by-state tables
Sources
- Alabama: Code of Alabama § 34-3-6, Who may practice as attorneys (Alabama Legislature)
- Alaska: AS 21.66.180, 21.66.280 and 21.66.460, Title insurance companies; escrow, settlement and closing (Alaska Legislature)
- Arizona: A.R.S. § 6-811, Exemptions (escrow agents) (Arizona Legislature)
- Arkansas: Commission Rules, 17 CAR 220, § 220-1009 (Arkansas Real Estate Commission)
- California: California Financial Code §§ 17003, 17004, 17006 (Escrow Law definitions and exemptions) (California Legislative Information)
- Colorado: Colorado Revised Statutes 2024, Title 10, Article 11, Title Insurance, §§ 10-11-102, 10-11-116, 10-11-118, 10-11-122, 10-11-123, 10-11-127 (Colorado General Assembly)
- Connecticut: Conn. Gen. Stat. §§ 51-88 and 51-88a, Practice of law; real estate closings (Connecticut General Assembly)
- Delaware: Matter of Mid-Atlantic Settlement Services, Inc., Supreme Court No. 102, 2000, UPL 95-15 (5/31/00) (Delaware Courts, Office of Disciplinary Counsel digest)
- Florida: Florida Statutes § 626.8417, Title insurance agent licensure; exemptions (Florida Legislature)
- Georgia: In re UPL Advisory Opinion 2003-2, 277 Ga. 472, 588 S.E.2d 741 (Supreme Court of Georgia, Nov. 10, 2003)
- Hawaii: HRS § 449-5, license required to act as escrow depository (Hawaii Division of Financial Institutions)
- Idaho: Idaho Code Title 41, Chapter 27, Title Insurance, §§ 41-2704, 41-2705, 41-2710, 41-2711, 41-2714 (Idaho Legislature)
- Illinois: Title Insurance Act, 215 ILCS 155/16, Title insurance agents (Illinois General Assembly)
- Indiana: Indiana Code 33-43-2-1, Engaging in practice by person not admitted, 2026 edition (Indiana General Assembly)
- Iowa: Iowa Court Rules, Chapter 37, Rules 37.1 and 37.5 (Commission on the Unauthorized Practice of Law; Limited real estate practice)
- Kansas: K.S.A. 40-1137, Title insurance agents; authorized activities; client funds (Kansas Office of Revisor of Statutes)
- Kentucky: KRS 382.335, Information to be included in instruments in order for them to be recorded (Kentucky Legislature)
- Louisiana: Louisiana R.S. 37:212, practice of law defined (Louisiana Legislature)
- Maine: Maine Revised Statutes, Title 4, § 807, unauthorized practice of law (Maine Legislature)
- Maryland: Maryland Code, Real Property § 3-104, recording of deeds (Maryland General Assembly)
- Massachusetts: M.G.L. c. 221, § 46A, Practice of law; persons authorized (Massachusetts Legislature)
- Michigan: MCL 600.916, Unauthorized practice of law (Michigan Legislature)
- Minnesota: Minnesota Statutes section 507.45, residential real estate closings (Office of the Revisor of Statutes)
- Mississippi: Unauthorized Practice of Law, quoting Miss. Code § 73-3-55 and Rule 5.5 (The Mississippi Bar)
- Missouri: RSMo § 381.022, Title insurer, agency or agent as escrow, settlement or closing agent (Missouri Revisor of Statutes)
- Montana: Montana Code Annotated, Title 32, Chapter 7, Part 1, Escrow Businesses, §§ 32-7-102, 32-7-103, 32-7-117 (Montana Legislature)
- Nebraska: Nebraska Supreme Court Rules on Unauthorized Practice of Law, §§ 3-1001 to 3-1004 (Nebraska Judicial Branch)
- Nevada: Escrow Agencies and Escrow Agents FAQs, NRS 645A (Nevada Division of Mortgage Lending)
- New Hampshire: RSA 477:52, Funding of Loans at Real Estate Closings (New Hampshire General Court)
- New Jersey: Conley v. Guerrero, 228 N.J. 339 (2017), A-65-15 (New Jersey Judiciary)
- New Mexico: NMSA 1978, Chapter 58, Article 22, Escrow Company Act (§§ 58-22-2 to 58-22-7) (NMOneSource)
- New York: Legal Memorandum LI04: Real Estate Brokers and Salespersons and the Unauthorized Practice of Law (New York Department of State)
- North Carolina: Authorized Practice Advisory Opinion 2002-1: On the Role of Laypersons in the Consummation of Residential Real Estate Transactions (North Carolina State Bar)
- North Dakota: North Dakota Century Code § 27-11-01, Practicing law without admission prohibited (North Dakota Legislative Assembly)
- Ohio: Ohio State Bar Assn. v. Dalton, 2010-Ohio-619 (Supreme Court of Ohio)
- Oklahoma: 36 O.S. § 5001, Certificates of authority, title insurance commitments and policies (Oklahoma Legislature, Title 36)
- Oregon: ORS 696.505 to 696.590, Escrow agents; ORS 696.030 and 696.020 (Oregon Legislature, ORS chapter 696)
- Pennsylvania: Insurance Company Law of 1921, Article VII, Sections 724 to 726.1 and 739.1, title insurance agents and escrow (Pennsylvania General Assembly)
- Rhode Island: R.I. Gen. Laws § 11-27-2, "Practice of law" defined (Rhode Island General Assembly)
- South Carolina: Matrix Financial Services Corp. v. Frazer, Opinion No. 26859, 394 S.C. 134, 714 S.E.2d 532 (2011) (South Carolina Supreme Court)
- South Dakota: South Dakota Codified Laws § 16-18-1, Practice of law (South Dakota Legislature)
- Tennessee: Attorney General Opinion 07-88, Preparation of Real Estate Documents; Unauthorized Practice of Law (Tennessee Attorney General)
- Texas: Texas Insurance Code, Chapter 2651, Title insurance agents (Texas Legislature)
- Utah: Utah Code § 31A-23a-406, Title insurance producer's business (Utah Legislature)
- Vermont: 27 V.S.A. chapter 5, §§ 301, 302 and 341 (Vermont General Assembly)
- Virginia: Code of Virginia § 55.1-1003, Persons who may act as a settlement agent (Virginia General Assembly)
- Washington: RCW 18.44.021, Escrow agent license required, exceptions (Washington State Legislature)
- West Virginia: Advisory Opinion 2010-002 (Amended), Unlawful Practice of Law Committee (West Virginia State Bar)
- Wisconsin: Wisconsin Statutes § 452.40, Use of forms; provision of legal advice (Wisconsin Legislature)
- Wyoming: Wyoming Statutes, Title 26, Chapter 23, Article 3, Wyoming Title Insurance Act, §§ 26-23-302, 26-23-303, 26-23-314, 26-23-316 (Wyoming Legislature, Title 26 compilation)