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.

Asked over 1 year ago - Manahawkin, NJ

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

Attorney answers (3)

  1. John B. D'Alessandro

    Contributor Level 14

    4

    Lawyers agree

    Answered . 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-... more
  2. Michael T Millar

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . 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... more
  3. Pierson W. Backes

    Pro

    Contributor Level 8

    1

    Lawyer agrees

    Answered . 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... more

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