🔑 Key Takeaway: Don’t name the deceased in the contract. Name the proper legal representative of the estate instead. Precision matters and is what sets great realtors apart.
Imagine writing a check to someone who can’t cash it. That’s what it’s like naming a deceased person in a real estate contract.
Yet, I see it all the time. Contracts listing the seller as “Bill Smith,” only to discover Bill passed away, and it’s actually his daughter, Sally Smith, who’s selling the property for the estate.
Here’s the problem. Naming a deceased person on a contract isn’t just a technicality. It can make the contract legally unenforceable.
So, what’s the right way to handle it?
If there’s a will: Name the executor as the seller, e.g., “Sally Smith, Executor for the Estate of Bill Smith.”
If there’s no will: The court must appoint an administrator, and they should be named, e.g., “Sally Smith, Administrator for the Estate of Bill Smith.”
Keep in mind, the probate or administration process must be completed before the sale can close. This can take months, and if it’s not handled properly, it could delay or even derail the sale.
I’d also note that if the property is jointly owned, title might automatically transfer to the surviving owner. In that case, the deceased owner shouldn’t be listed on the contract at all.
Estate sales are complicated, but you don’t have to navigate them alone. If you have questions, I’m here to help!
Erin
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