How to Deal with Estates When Listing Property

Home Owners | Real Estate |

When listing property for an estate, it is important to make sure your listing agreement is signed by all of the correct estate representatives.  Here are a few tips to make sure you are dealing with the correct estate representatives:

  • Get a copy of the vesting deed and verify the title holder.
  • Ask for a copy of the death certificate of the deceased.
  • Find out if the estate has been probated and request a copy of the Letters of Testamentary (estate with a will) or the Letters of Administration (estate without a will).  These Letters show who has been designated by the Court with authority to act on behalf of the estate.
  • Request a copy of the will and review to make sure that there is no specific devise of the property to an heir and that the will gives the executor the power to sell the property, either specifically or by reference to O.C.G A. § 53-12-32.
  • If multiple executors or administrators are appointed, have all of them sign the listing agreement and then the closing attorney can handle any requested designation that only one of the executors or administrators signs at closing.

*For informational purposes only.  Not to be relied upon as legal advice.  Nothing in this blog should be construed as creating an attorney-client relationship.  MMH is not responsible for, does not endorse or accept liability for any externally linked site or its content.  MMH does not give any representation regarding the safety, reliability or accuracy of the content or materials contained on any external website.