How do I purchase property from an estate?

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How do I purchase property from an estate?

I am buying a property from a daughter who is the sole beneficiary of an estate. Do I have to do a quit claim deed or affidavit of death to transfer land from her (daughter) to me? The property is still in her mother’s name with no survivors.

Asked on April 9, 2012 under Estate Planning, Iowa

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The estate has to go through some form of probate and the daughter should be appointed as the fiduciary (personal representative) in order to be able to transfer the land.  The transfer is done via executor's deed.  Please seek help from an attorney.  You need a contract of sale with the personal representative as well. Good luck.


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