Muscle Shoals, AL asked in Real Estate Law, Estate Planning and Probate for Georgia

Q: If someone dies intestate in the middle of selling real property, does the spouse have to continue on with the contract?

Husband who is Georgia resident signed contract to sell land in Alabama which he co-owned with his sister as tenants in common. Husband died 5 days before closing. Does the spouse or administrator have to complete the sale so the funds go into the estate? Or can spouse let Contract expire with no obligation?

1 Lawyer Answer
John W. Chambers Jr
John W. Chambers Jr
  • Estate Planning Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: Generally, under Georgia law, the estate would be liable for the obligations of the deceased party to the contract (unless the contract provided otherwise). I do not know whether Alabama law is the same on this issue, although I suspect that it is. I recommend that the person who would be the personal representative of the husband's estate seek advice from a probate attorney. This answer is intended to provide general information only and not advice about this particular matter. It does not establish an attorney client relationship.

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