What should I know about buying a home from an estate in New Hampshire?

Who signs for the seller?

When an owner dies, the estate is opened in the Circuit Court's Probate Division and the court appoints an executor (named in a will) or an administrator. That person signs the purchase agreement and the deed for the estate. If the home was held in a trust, the trustee sells it instead, under the trust's terms.

What authority does the executor need?

• With consent: RSA 559:18 lets an administrator or executor sell the decedent's real estate, unless the will provides otherwise, with written consent from the surviving spouse and the heirs or people who inherit under the will. A guardian ad litem can consent for an heir who can't be found or can't act.
• With a court license: under RSA 559:1, an administrator can ask the probate court for a license to sell real estate when the estate's other property isn't enough to pay its debts.

Expect the title company to check the appointment papers and consents before closing. Questions about the estate itself are for a NH probate attorney.

Does an estate sale change my mortgage?

Your loan, appraisal and approval follow the usual program rules. What changes is timing: if consents or a court license are still pending, closing can wait on them, so build that into your rate lock and closing date. If the home needs work, see how FHA appraisal repairs and renovation loans work.

Tips before you make an offer

• Ask the listing agent who has authority to sell and whether heir consents or a license are in hand.
• Ask for the seller's disclosures. NH law (RSA 477:4-c) lets a seller state in writing when it doesn't know an answer, which can happen with an estate, so plan a thorough inspection.
• Check that property taxes and water or sewer bills are current.

See also NH seller disclosures and inheriting a home in NH.