What an inherited note is
A parent, a spouse or another relative sold a property years ago and financed it for the buyer. They collected a payment every month. Now they have died, and the right to those payments has passed, or is passing, to you.
The note itself has not changed, and the payer owes the same amount on the same terms. What has changed is who is entitled to collect, and that has to be established on paper before anyone can sell.
An inherited note can be a mortgage note, a deed of trust note, a land contract or a business note, and buyers price it by its type like any other. Being inherited does not lower the price, though gaps in the paperwork can.
Who can sign
A buyer needs to know that the person signing has the legal right to sell, and that depends on how the note was held.
| How the note was held |
Who generally acts |
| In the name of the person who died |
The estate, through its executor or personal representative, often with papers issued by the probate court |
| In a living trust |
The successor trustee, under the trust document |
| Jointly with a survivor |
The survivor, who may already own it |
Probate rules differ by state and by estate, so ask the estate’s attorney what applies to yours before you agree to anything.
When more than one heir shares a note, every owner normally has to sign. A sale is one way to divide it, since cash splits cleanly and a monthly payment does not, and the steps are the same as for anyone selling a note held with a co-owner.
A deal you did not make
You may not know why the terms are what they are, whether payments were ever late, or whether the terms were changed along the way. Start with the original note. Look in safe deposit boxes, in files, and with the attorney or title company that handled the original sale. A lost original can sometimes be worked around, but fewer buyers will take the file.
Then find out where the payments are going. The payer may be writing checks to someone who has died, or may have stopped because they do not know who to pay. Sort this out through the estate and keep a record, because a gap in payments caused by confusion looks the same on paper as a default.
Tax, and the pull to settle quickly
Inheriting a note and then selling it can be treated differently for tax from selling a note you created yourself. That is a question for a CPA who can see the whole estate.
Estates create deadlines, and a single offer can look attractive when everyone wants things finished. If only some of the heirs need cash, selling part of the payments and keeping the rest is worth a look. And if nobody needs the cash, keeping the note pays more over time than selling it.
First, the letter of authority
If the note has only just come to you, read what heirs should do first, and use our guide to the types of notes you can sell to work out which kind you now hold. Ask the estate’s attorney which document proves the right to sign, since a buyer will want a copy. Once you have it, send us what you have, even if the file is incomplete, and ask for the pricing in writing so that every heir is looking at the same numbers.