Selling a Deceased Estate

If you’ve been left with selling a deceased loved one’s home, it’s important to understand the legal process before listing the property.

It is our recommendation that you seek legal advice BEFORE attempting to list a deceased estate property for sale, to gain an overall understanding of what administration of a deceased estate entails, as understanding the process can help reduce stress and uncertainty at an already difficult time.

The very first question to ask yourself is, do I have the legal right to sell this property? 

If the deceased left a Will , Probate of the Will, will need to be obtained from the High Court prior to the sale of the property. Probate gives the executors named in the Will full authority to deal with a deceased person’s estate, including the sale of their property.

If there is no Will, Letters of Administration will need to be obtained to appoint an Administrator to manage the estate. We will assist with obtaining with Probate or Letters of Administration. Following a grant of Probate or Letters of Administration and prior to the sale of deceased person’s property, we will need to complete a transmission to transfer the Title of the property into the executor or administrator’s name. An IRD number for the estate will also need to be obtained. 

Once you have the authority to sell a deceased estate property, you can list the property for sale with a real estate agent who will prepare a draft Sale and Purchase Agreement. We will review the draft Sale and Purchase Agreement for you and make necessary additions or deletions to protect you as an Executor or Administrator. This is particularly important with regard to any property defects or issues with the property not having the required building consents.

Following the sale of the property, we will assist you with distribution of the net sale proceeds, together with any other estate funds in accordance with the terms of the Will and applicable law regarding the administration of deceased estates.

We will also communicate with the beneficiaries of an Estate to maintain transparency and reduce the potential for conflict and claims against an estate.