Question by SpringSunshine: Arizona owner dies while California house is in escrow, can it still be sold?
The house my parents own in California is currently in escrow. My Dad died in May and my Mom will pass any time. They are (were) both resdidents of Arizona. We can’t find any information regarding if the escrow contract is still valid, if neither of the legal owners are living. Can the house still be sold?
Also, neither parent left a will or trust.
Answer by MLaw
The house will be an asset of your parent’s estate and the contract to sell it will become an obligation of the estate. The closing takes place as normal, only the seller will now be the estate. Therefore, in order to close, a probate estate must be opened, either in AZ where they resided or CA where the house is and a personal representative (administrator) must be appointed. The administrator will sign the deed and the sale proceeds will be deposited in an estate account to be distributed to the heirs and/or beneficiaries according to law. If an AZ estate is opened it will be necessary to have the CA admisnitrator also open an “ancillary estate” in CA for the purpose of selling the CA real estate.
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