Dear O'Abby: What happens if my agent dies?

 Dear O'Abby,

Please don't think I'm being morbid, but after an agent I've followed for most of my writing life died recently - she wasn't my agent - I have been wondering what happens to clients if their agent dies.  I assume there is some legal process, given how intimately involved an agent is with an author's finances?

Can you let me know?

Best wishes,

Not-that-morbid.

Dear not-that-morbid,

That is a good question!

The first thing you need to do if your agent dies is review any contracts you have relating to your partnership and any books your agent has sold.  In some cases the contract will state that obligations are with the agent as an individual, but in many others, the contract will be with the agency.

If the contract terms are with the agency, it is very possible that you and your work may be passed on to another agent within the same company.  If the contracts are with an individual agent, then their share of any royalties etc belong to their estate.

This is one of those situations you really need an agent to help you sort out where obligations and financial matters lie. Or at the very least, a lawyer familiar with publishing. If you are with a larger agency, it may be that the agent you get passed on to is not the best fit for your work in the longterm, but it is easier to negotiate an exit from working with them once all the legal and contractual matters have already been handled than to try and unravel them all alone.  

It may be that the old agency will continue to receive royalties and statements for any books sold by your former agent, and that you will continue to have a relationship with them into the future, even after you sign with a new agent or agency.

If your agent is a sole-trader, you may need to work with a lawyer to negotiate payment directly from the publisher (less the agent's fee that will belong to the deceased agent's estate).

If you haven't sold anything yet, or have a new project currently on submission, the most important thing to get is your now-deceased agent's submission list so when you secure new representation they have a record of editors and imprints that have already been approached.  

These steps are very similar if your agent doesn't die, but leaves agenting for a different career.

Hope that helps!

X O'Abby