Buying a Home From an Estate

Estate sales are common and perfectly normal. They are also the transactions most likely to slip, because the answer to "who can sign the deed" is sometimes not the person who accepted your offer.

It depends how title was held

If the deceased owned the property jointly with right of survivorship — typically a married couple — the surviving owner generally takes the whole interest automatically. A death certificate is usually enough.

If the deceased owned it alone, or as a tenant in common, their share becomes part of their estate. Someone must be appointed to act for that estate before anyone can convey it.

What we will need

• A certified death certificate
• Letters testamentary or letters of administration — the court document appointing the personal representative
• The will, if there is one
• Occasionally, court approval of the sale itself

Why they take longer

Probate runs on the court's schedule. If an estate has not been opened when the contract is signed, that process has to start before anything else can happen — and it can add weeks or months. If the estate is already open and a representative appointed, the delay may be small.

The question to ask early

Before agreeing a closing date, ask whether the estate has been opened and whether a personal representative has been appointed. If the answer is no, the date on the contract is optimistic.

Heirs who were not disclosed

This is one of the classic title insurance claims. An estate is settled, the property sold, and years later a child nobody mentioned surfaces with a claim. A search cannot find someone who is not in the record. An owner's policy is what stands between you and that outcome.

Note: general information for Pennsylvania and Alabama property owners, not legal or tax advice. Rates, taxes, eligibility and deadlines are set by statute and by each state’s filed rate schedules and can change. Confirm the specifics with us and with a qualified professional before relying on them for a transaction.