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In the State of New Jersey, Im executor of my moms estate. Do I need to change the deed in order to list property for sale.

Manahawkin, NJ |

Want to list with realtor, do I need to change name on deed to list property for sale

Attorney Answers 3


If it is your intention to immediately sell the property then you are not required to transfer the Deed prior to sale. All you will be required to do is show proof that you have Letters Testamentary from the Surrogate Court establishing your authority to do so. There may be other factors in play here so I would suggest that you speak with the attorney who is handling the closing for you to insure the proper disposition of the estate assets.

IMPORTANT LEGAL NOTICE: The response to the question posted is not legal advice and it does not create an attorney-client relationship. The response is intended as general information based upon the facts stated in the question, and is provided for educational purposes of the public, not any specific individual. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Responses are based solely upon New Jersey law.

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Absent any unusual terms in your mother's Will, there won't be any need to change the deed until the time of closing, when you will give an executor's deed to the buyer. The realtor will have certain requirements to list the property, but not a change of the deed. The title company of the buyer will require a number of things, including either a waiver from the State with respect to taxes or a statement that no tax filing is required.

Best of luck.

This answer is based on general legal principles only and is not intended to provide specific legal advice. This answer is for informational purposes only and does not constitute the formation of a lawyer-client relationship. Any reader of this answer should not make decisions based upon in without first directly consulting with an attorney.

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You do not need to change the deed before listing.

If it sells quickly, you would convey via an estate deed.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

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