When contacted by a Personal Representative (PR) of an Estate in Probate (e.g., deeded owner has passed away), some thoughts:
read the will,
look to see if the PR can list and sell,
require the PR to hire their closing/probate attorney upfront as part of your agreement to list,
meet and communicate with the PR seller’s hired closing/probate attorney quickly to discuss any issues with the PR selling the property
and any issues with selling the property,
have the seller’s closing/probate attorney draft any addenda to the SCR310 residential purchase agreement since the SCR standard forms are not drafted for an estate sale,
keep in regular touch with the PR and the PR’s closing/probate attorney through closing,
check with your BIC (and team leader if this is a team listing) and legal, legal hotline,
and if you are inexperienced with an estate sale consider disclosing that and learning fast and consider hiring an experienced REALTOR® to guide you as you learn on the job…or properly referring this estate sale listing to an experienced REALTOR® for money.
This information is only accurate as of 4/17/25. You must contact SCR for updates and changes to this information after 4/17/25 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org or email byron at screaltors.org)
This information is not legal advice. This information is intended only to provide general information and may not be relied upon as specific legal guidance. Legal counsel should always be consulted before acting in reliance on this information.