Q: Is a ratified contract valid if the seller shown is deceased + the will of the deceased has not been recorded?
Nothing in the Seller's information on the offer to purchase contract made any mention of the Seller's being deceased. Near the end, it changed to the initials of the son, then his name, again with no indication that he was the POA or only heir, and no death certificate. All that, with no signature from the named seller, is that a valid contract?
A:
Assuming we are talking about Virginia law, I need to know more if you are looking for a way out of the contract. That starts with an immediate contract review before deadlines in the contract pass. As to the concerns you’ve raised, they are unlikely to present an issue. There is no requirement to disclose that the prior owner died even if it was in the house unless there was some relevant damage or defect to the house. As to title, in Virginia, title passes outside of probate to the heirs at law or the designated devisees of the Will. To close, the heir will need to prove that title, often by filing the Will, filing a petition for probate, or, sometimes, merely producing a death certificate and evidence as sole heir. It is rarely a dusability at closing as long as the title agent gets what is needed timely.
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