Selling a Property Out of an Estate: 7 Questions Every Agent Should Be Asking Their Client

Having an estate as a client can be a challenge for many real estate agents. Agents are frequently calling our office to ask who needs to sign the Contract and related documents on behalf of the estate. 

Ultimately, since estates can be complicated, the attorney must review the title work and estate file related to the property before verifying who needs to sign the Contract and seller documents at closing. 

Although an attorney will verify who needs to sign on behalf of the estate, the agent should always gather as much information as possible from their seller before proceeding with the closing. 

For a much smoother closing process, be prepared to have the answers to these questions:

  1. How long has the owner been deceased and where did they die?
  2. Has an estate file been opened in North Carolina or any other state? 
  3. Who is the personal representative? 
  4. Is an estate attorney involved?
  5. Is there a Will? 
  6. Who are the living heirs/relatives? 
  7. Are you able to locate the heirs?

At Hutchens Law firm, we work closely with sellers and their agent to ensure estate matters are addressed early in the closing process.