When a piece of land is under an executory contract at the time of death, what happens to the proceeds from the sale?

When a piece of land is under an executory contract at the time of death, the proceeds from the sale are treated in a manner that reflects the intent of the testator regarding the property that is involved in the contract. In situations involving an executory contract, the testator's interest in the land—rather than the land itself—can dictate how the proceeds are distributed upon death.

The correct answer asserts that the devisee receives the proceeds instead of the land. This is because, under an executory contract, the testator has initiated a sale process, which means that the rights to the proceeds from the sale have become a tangible asset of the testator’s estate. Since the contract was in place before the testator's death, it indicates an intention that the proceeds from the eventual sale should go to the designated beneficiary (the devisee) rather than be part of a broader estate distribution.

In this scenario, the specfic nature of the executory contract means that the land itself, as a physical asset, is not within the testator's control at death. Instead, the vital outcome—the financial proceeds from the sale—becomes the focal point of distribution to the designated beneficiary, aligning with the testator's intent. Thus,