Q: We have a signed contract on a property that is in probate and are supposed to close next week. Apparently title
Has informed the probate attorney that it is not possible to close without the legal heirs signing off. How is it even possible that it was listed for sale in the first place if these steps weren't taken?
A: There is not enough information to know for sure. If the property is subject to a Summary Administration, the title would pass when the Judge signed the final order and the new owners would sign at closing. If the probate is not finalized, all of the heirs could sign to expedite the closing possibly, but Summary Administrations are not typically long procedures. If it is a Formal Administration, the Personal Representative should have authority to sign the deed at closing, so it is not clear why this requirement would be in place, unless the title company is not happy with the way the probate was filed. The title search would need to be reviewed for a more informative answer. Best of Luck! Jennifer
A:
It is possible simply because the personal representative jumped the gun and listed it for sale.
I suggest that you speak with the probate attorney yourself to get the time line and situation. Or hire an attorney to contact him for you to get the status of the probate and getting the heirs to sign off.
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