For executors and administrators

You're the executor, and there's a house. Here's what comes next.

Being named executor, or appointed administrator, puts the house on your shoulders: keeping it safe, working with the heirs, and getting it sold the right way. It's a lot, especially on top of grief.

Your role

What the job involves.

Once the county Surrogate's Court issues Letters Testamentary (with a will) or Letters of Administration (without one), you can act for the estate, including selling the house. The sale is completed with an executor's or administrator's deed.

Before closing, the title company will usually need proof of your authority, an inheritance tax waiver or affidavit, and payoffs of any mortgage, liens and back taxes. Within 60 days of a will being probated, the executor also mails a Notice of Probate to the beneficiaries and next of kin.

While the house is waiting to be sold, you're responsible for protecting it: insurance, taxes, utilities and security.

Notice of Probate →  ·  Inheritance tax waiver →  ·  Creditor claims →

How we make it easier

Less on your shoulders.

One point of contact

You deal with one person at Gembrook who coordinates the title company, payoffs and closing.

Keeping the heirs informed

We can speak with each beneficiary privately and put the same numbers in writing, which helps you show the sale was fair.

As it stands

No repairs, cleanout or showings for you to manage.

Costs covered

When the estate sells to us, we can cover the probate costs, including the estate attorney's fees, as part of our purchase.

How we help

Private, patient and organized.

One person, start to finish

You deal with one person at Gembrook from the first call to closing, and we explain each step in plain language.

The right estate attorney

We connect your family with an experienced New Jersey estate attorney we trust, who represents the estate, and we coordinate the rest.

Costs covered

When your family sells the property to us, we can cover the probate costs, including the attorney's fees, as part of our purchase.

Each heir, privately

We speak with each heir on their own, so no one has to negotiate as a group.

Common questions

Can an executor sell a house in New Jersey?

Yes, once the Surrogate's Court has issued Letters Testamentary. The sale is completed with an executor's deed. Keeping the beneficiaries informed is important.

Can an administrator sell an estate house?

Yes, once appointed through the Surrogate's Court. When there's no will, the other heirs usually sign renunciations so one person can be appointed, and the family generally agrees on the sale.

What does the title company need from the executor?

Usually proof of your authority, an inheritance tax waiver or affidavit, and payoff figures for any mortgage, liens and back taxes.

Who pays the house expenses before it's sold?

The estate is responsible for taxes, insurance, utilities and upkeep while the house is waiting to be sold.

Do I have to fix up the house before selling?

No. When you sell to us, we buy it as it stands.

General information only, not legal or tax advice. Every estate is different. We can guide you and connect you with an experienced New Jersey estate attorney we trust.

Keep reading

Related answers.

NJ probate guide →  ·  First 30 days checklist →  ·  Estate glossary →

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