We’ve received several questions about Estate Indemnity Agreements over the past few weeks. So many so, that I felt compelled to offer some guidance. If you are handling a purchase of property in which the Seller is an Estate, we have a customary requirement that includes, among other things, a request for an Estate Indemnity Agreement. As you are aware, upon death, real property is owned by the Devisees under a will or the next-of-kin as (determined by the Intestacy Statute.) That right is subject to divestment by the Personal Representative (PR) of the Decedent’s Estate for the purpose of satisfying debts of the Estate. We and you share a mutual obligation to make sure that the PR does need to sell the property in order to pay claims of creditors or otherwise settle the debts of the Estate. An Estate Indemnity Agreement is proof that the PR does not need the real property to perform his or her duties to that end.