Who is the Seller of Real Property in an Estate?

When you are listing property for sale for a party that states that the previous owner of the real estate is deceased, it could be a challenge to determine who should be named as the seller on agency agreements, disclosures, and contracts. It may be an executor, heir, beneficiary, a combination of these parties, or the new owner who was on the deed with the deceased party with rights of survivorship. While you may wish to consult an attorney when listing property involving an estate, the following flowchart may serve as a useful guide in determining who are the actual parties with an interest in the property that need to act as the seller.

Estate Property Flowchart

Feel free to contact Maitin Law Firm for such issues, along with questions you might have regarding how your real estate closing may be impacted by the estate administration process.