An executor selling property owned by the deceased should normally give which form of title guarantee under the contract?

• A. Limited
• B. Absolute
• C. Marketable
• D. No guarantee

Answer: (A)

When a personal representative (an executor) sells property, they are acting on behalf of the estate and can only guarantee the title to the extent of what the estate actually holds and what is disclosed. They are not in a position to warrant perfect, flaw-free title free of all possible hidden defects, because there could be undisclosed beneficiaries’ rights or estate liabilities that only come to light through probate. For that reason, the contract normally provides a limited title guarantee: the executor confirms they have the estate’s title to transfer and that there are no encumbrances disclosed in the contract, but they do not guarantee absolute perfection of title.

This reflects the nature of probate title, where the seller’s authority is restricted to the estate, and protects the executor from personal liability for issues beyond their knowledge or control. The other forms—absolute guarantee, marketable title, or no guarantee—don’t fit because they either overstate what the executor can warrant or shift all risk to the buyer, which isn’t appropriate in a sale by an administrator or executor.