Generally, an Administrator or Executor has the authority to sell the real property of an Estate, provided that there is no objection of the heirs.  The Fiduciary may sign on behalf of the Estate and the proceeds from the sale would be paid to the Estate directly for payment of debts and future distribution in accordance to a will or the laws of intestacy.  If you are acting in a Fiduciary capacity and there is a dispute about the sale of the real property, consult an Estate attorney to determine if a License to Sell should be obtained from the Court.

No.  We have handled multiple home sales for Homeowners and Fiduciaries while they were not physically located in the state.  In fact, we had one client who was living in Hong Kong during the sale of the property.  We utilize technology including video conferencing, e-signing, and video updates to keep our client’s involved in the process even when they cannot be on site.  We organize and arrange for vendors and monitor properties that are vacant.

We hear this term a lot, but essentially a Fiduciary is a person that acts with good faith and candor with certain rights and powers to be exercised for the benefit of another.   Fiduciary duty is a legal term that obligates one to act solely in the interest of another.  The fiduciary is bound both legally and ethically to act in good faith and put other’s best interests before their own.

That depends.  If an Individual owned the property and that person is now deceased you may need to open an Estate to transfer the ownership of the property. If the property was held jointly with another or owned in the name of a Trust, you would need to consult an attorney to determine what steps, if any, need to be taken to be able to sell the property.  For more information, you can visit https://www.courts.state.nh.us/probate/index.htm for information on the NH Probate Court

Both and Administrator and Executor are the Court Appointed representative of an Estate.  An Administrator is someone who is appointed to an Estate but not named in a Will and an Executor is the person named in the will and appointed by the Court.

An Executor has 3 primary duties, to identify and collect the assets of the decedent’s estate, to pay debts and taxes, and to distribute the remaining assets in accordance of a will or by the laws of intestate (when there is no will).

Warranty deeds are statutory in New Hampshire under RSA 477:27 and transfer fee simple title with covenants, or guarantees from the seller (grantor). The grantor promises that, at the time of conveyance, he or she “was lawfully seized in fee simple of the granted premises” and has good right to sell and convey said premises; that the property is free from all encumbrances, except for restrictions stated within the deed; and that he or she will warrant and defend the property against any lawful claims and demands made by all persons (RSA 477:27).

Fiduciary deeds convey realty in fee simple to their named grantee with the following covenants: that the grantor was duly authorized to make the sale of the premises; that the grantor has complied with statutory requirements of sale; and that the grantor will warrant and defend the title against the lawful claims of persons by, from, or under him or her in his or her representative capacity.  It is a conveyance of any interest the grantor may have in the described property.

Consult an attorney licensed in the State of New Hampshire with questions regarding probate procedures in the state.

Current use is a special NH tax program for property owners who maintain undeveloped land.  Farmland, wetlands, forest and open land of 10 or more acres are eligible for current use status, which allows for a significantly lower tax rate on that undeveloped land.  When land is taken out of current use and developed, it is assessed with a Land Use Change Tax (LUCT) in the amount equal to 10% of the property’s full value.    A property will not lose its current use status upon transfer, and runs with the land until developed

No worries!  There truly is a buyer for every property.  One of the things that we help you with is deciding the best option for your situation.  Many times, this means putting the home on the market for sale, other times it may mean selling the property to an investor for cash.  We work with you to determine the right approach for your situation.