A. It is a very difficult time when a parent or loved one has passed away and real estate they own needs to be sold.
Hopefully, the decedent had a valid will in place. The will identifies the executor/executrix who has the authority to administer the estate (including the sale of the real estate). Without a valid will, an administrator will need to be appointed by the probate court.
After a buyer has been found, the title company will need three specific items to convey the real estate from the estate to the buyer:
1. A Death Certificate for the deceased
2. A Short Certificate
3. Verification from the State that all inheritance taxes have been paid
A Short Certificate is a legal document that shows the decedent's name and date of death. It will also show the name of the executor/executrix or “personal representative” who has been named to handle the affairs of the estate. A Short Certificate can be obtained at the “Register of Wills” office in the county court house.
If the inheritance taxes have not been finalized with the State, the title company will likely escrow a portion of the proceeds to assure payment of final taxes. The title company holds the escrowed funds until a Release from the State is received showing that inheritance taxes were finalized.
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The Scott Loper Team
Scott & Lisa Loper