A will is a legal document that declares how property should be divided after a person dies. By law, debts must be paid before other assets are distributed.There are some more nuanced items you should be sure to include in your real estate purchase contract, including the financing terms and closing date. Learn more about the nuances of unmentioned assets and how they are managed below. Unspecified Assets and Georgia Probate Laws. When the deceased is the sole owner of the real estate, it will have to go through probate, and the court decides who can sell, keep, or transfer it. A kickout clause benefits a real estate seller because it enables them to continue marketing their property postcontract. Essentially this is an agreement of how much will be paid for the property, and what is included in the assets. Learn more below to find out more. What Is Due Diligence in Real Estate?