If the sale involves property presently within an Estate of a deceased person and is being administered by an Executor or Administrator, we need copies of their Letters Testamentary or Letters of Administration. If there is no current administration by the Probate Court, please contact this office about the probate of the will or other matters of administration of the Estate.
Please remember that at a person’s death, the title to their real property immediately vests in their Executor or Executrix if they left a will, whether probated or not. If the decedent died without a will, the title to the real property immediately vests in their heirs at law – spouse, children, descendants of deceased children, etc.
Executors generally and now even most Administrators are granted the power of private sale. The parties serving in that fiduciary capacity must be present at the closing. They cannot appoint someone to act for them by power of attorney or otherwise.