Q: If my ill widowed father has a signed contract on his home in GA, what happens if he passes before the closing.
I’m the executor and POA in his will. Will I need to file with probate, and can this take up to a year?
A: Once a person dies, the decedent's power of attorney no longer would be effective. Unless its terms provide otherwise, a contract to sell property would be binding on the decedent's estate. Generally, the personal representative of the decedent's estate would be required to satisfy the decedent's obligations under the contract. The person named as executor in the will would be required to file a petition to probate the will. How long it takes depends on the facts of the particular case. This response is intended to provide general information only, and not legal advice. It does not establish an attorney client relationship. I recommend that you consult a probate attorney to assist you with this matter.
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