Final answer:
The individual responsible for providing the seller's disclosure notice when a property is transferred through probate due to intestacy is typically the executor or administrator of the estate. The laws governing the necessity and scope of such disclosures can vary by jurisdiction.
Step-by-step explanation:
When a person dies without a will, it is described as dying intestate, and their property is distributed according to the state's intestacy laws, which typically prioritize spouses, children, and other close relatives. In the context of a real estate transaction, a seller's disclosure notice is a document that a seller provides to a potential buyer, disclosing known issues with the property. However, there are certain exceptions to this requirement.
During probate, which is the legal process through which a deceased person's estate is properly distributed to heirs, the executor or administrator of the estate becomes responsible for handling the estate's affairs. Since the original homeowner has passed away, the responsibility to provide the seller's disclosure notice would typically fall on the executor or administrator of the estate.
Any potential issues with the property previously known by the deceased would not necessarily be known to the heirs or executor, which may exempt them from providing a traditional seller's disclosure in some jurisdictions. However, it is essential for the executor to check the specific requirements of the state in which the property is located, as laws regarding seller's disclosures can vary.