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​After the Death of an Artist

What needs to happen after an artist dies
some of the practical actions an Executor needs to take.
​

PLUS What happens after an artist dies to the price of their art?

This page covers:
  • What happens to Artists' Estates - read and learn!
  • What happens to an artist's prices after death?
  • Disposal of artworks after the death of an artist​
  • What to do with Artists' Paperwork and Ephemera
  • What to do about an Artist's Digital Assets
  • Remembering an Artist - after death
  • Useful Reference Books
Picture

What happens to Artists' Estates?
​

What's it really like for those dealing with an artist's or art collector's legacy of artwork after their death?

Dealing with an Artist's Estate is NOT EASY.
Just like people who are not artists, a lot of headaches and time can be saved by starting on the process of sorting out a prospective Estate before the person has died.
​You can then ask an artist (assuming they are compos mentis and their memory is not too bad)
  • title and approximate date of an artwork
  • what should be saved
  • what can be chucked
You can also organise an Executor for the Artwork - who has some expertise
You can ensure that the Will stipulates the artist's wishes as to what should happen to the artwork. NB Don't assume this can happen - some proposed donations are not always welcomed!

READ AND LEARN: Below are some stories about what happened to artists' estates. 
  • MAKING A MARK: What it's like for an Artist's Trustee
    Last week I came across a blog which tracks the experience of one Trustee as he gets to grips with the Estate and what needs to happen next.
  • An Artist's Estate
    In July 2008 the artist Dave Pearson died leaving an enormous amount of artwork. This blog follows the journey taken by one of the executors of his will - a steep learning curve to perpetuate the reputation of an inspirational artist and man.
  • Robert Genn - Painters Keys Clickbacks - Death of an artist
    Jamillah's situation is similar to many artists' beneficiaries when the main thrust of the life's work was in academia. Their credentials may be great, but their prior interaction with the commercial gallery system may be limited.
  • Art sales: how artist's estates add value - Telegraph
    Artists' estates can be tricky but they can bring big business too says Colin Gleadell.
  • Funny How A Little Public Pressure Makes Artist's Estate Back Down | Techdirt
    Last week, we wrote about the rather bizarre case of the estate of artist Roy Lichtenstein threatening a band for using an image for their album cover that was "appropriated" from the same original comic that Lichtenstein himself appropriated for one
  • Neil Gaiman's Journal: Important. And pass it on...
    A post about the need for writers to have a will covering the disposition of their literary estates. The principles are the same. It provides a link to a pdf suggesting the sort of wording which is required
  • Embalmed body of tramp belongs to artist's estate - Times Online
    THE body of a tramp embalmed by an eccentric artist and kept in a secret drawer in his studio is the property of his estate, a coroner ruled yesterday.
  • What Should Artists Do With Their Work After They Die? | Hyperallergic PODCAST - a talk with two artist estate experts who share their thoughts on what needs to be done when an artist dies.
The Artist Estate:
A Handbook for Artists, Executors, and Heirs

by Loretta Wurtenberger

RATED:
  • 5 stars by 3 customer reviews (UK)
  • 4.7 out of 5 stars by 4 customer reviews (USA)
This handbook covers
  • options for legal frameworks
  • appropriate financing models,
  • proper handling of the market, museums, and academia.

​The author explains:
  • different alternatives for managing and maintaining an artist’s estate.
  • recommendations on how to handle artwork, archives, and mementos following the death of an artist.
REVIEW:
How to give artists life after death - Review by The Art Newspaper
Paperback: 304 pages
Publisher: Hatje Cantz
Published: August 2016

BUY THIS BOOK from:
The Artist Estate: A Handbook for Artists, Executors, and Heirs from Amazon UK
The Artist Estate: A Handbook for Artists, Executors, and Heirs from Amazon.com
About the author: Loretta Wurtenberger has a business (The Institute for Artists' Estates) which has advised on the setting up and execution of artists estates for many years - with a bias towards Germany. She studied law, philosophy and art history and earned her doctorate in international copyright and patent law at the Max Planck Institute. Subsequently she became the youngest ever judge at the Berlin district court. She also manages artist's estates.

What happens to artwork prices after an artist dies?
​

Does an artist’s death make their artwork more valuable? ​
​
Selling prices do not automatically go up when an artist dies. In the overwhelming majority of cases, an artist's passing has little if any impact on their prices. Most artists age gracefully over time and gradually produce less as they get older. A significant number stop making art altogether, sometimes well in advance of their departures to that great art studio in the sky. In other words, their passings come as little or no surprise to anyone and their prices remain basically the same.
Alan Bamberger (on Facebook)
The value of an artist's artwork - within his estate - can remain the same OR may go up OR down.

It depends on
  • how well regarded the artist was before he or she died
  • how well their artwork was selling.
This in turn depends on whether the art market was
  • selling artwork for the first time
  • or only through secondary sales.
PLUS "The Death Effect" i.e.  adjusting for the impact of death on prices before death has occurred

There can be a surge in demand after a death - but this can also taper off fast.

Those whose artworks retain their value are:
  • those regarded as "an investment"
  • those who did not paint many - but every painting was highly regarded (Think Vermeer!)

However, there is also a notion that any increase in value is factored in BEFORE the artist dies
Essentially art markets are just like any other market, they factor in expected changes before they happen - and when an artist gets very old and/or stops making artwork, the value of their artwork gets adjusted BEFORE they die.
​
REFERENCE:
  • The “Death Effect” on Artists’ Prices Actually Occurs When They’re Alive - Artsy - why the art market adjusts prices of artwork prior to death
  • Artbusiness.com - Do Prices Increase When an Artist Dies? Facts About Death and Art Values
    Q: I bought six paintings from a pretty well-known local artist over a twenty year period during his career. He's pretty old now and I'm starting to think about selling. When's the best time to do that? Should I wait until after he dies?
  • How an Artist’s Death Affects the Art Market / Artwork Archive 
  • What happens to the value of a collection in the event of an artist's death | NFU Mutual - this article by an insurer emphasises to art collectors that they should take their time in evaluating the impact of the market  on the value of artwork in their collection - after the death of an artist
“The fair market value is the price at which the property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of relevant facts.” 
IRS
The Economics of America Art: Issues, Artists and Market Institutions
by Robert B. Ekelund Jr., John D. Jackson, et al.
Picture
This book is about looking at the Art Market from an economists perspective i.e. scholarly analysis and NOT wishful or speculative thinking

Economists have, for some decades, studied such issues as
  • artistic productivity
  • "death effects" on prices,
  • investment returns on the basis of the behaviour and estimated prices in auction markets.
Hardback: 386 pages
ISBN 10
: 0190657898
ISBN 13: 978-0190657895
Publisher: Oxford University Press
Published: 3 July 2017 (1st edition)

BUY THIS HARDBACK BOOK:

​The Economics of America Art: Issues, Artists and Market Institutions from Amazon UK
The Economics of America Art: Issues, Artists and Market Institutions from Amazon UK
​The Economics of America Art: Issues, Artists and Market Institutions from Amazon.com
RATED:
  • 5 stars by 1 customer reviews (UK)
  • 5 out of 5 stars by 5 customer reviews (USA)
The authors are:
​Robert B. Ekelund, Jr. is Professor and Eminent Scholar Emeritus in economics at Auburn University.
John D. Jackson is Professor of Economics, Emeritus at Auburn University.
Robert D. Tollison (deceased) was the J. Wilson Newman Professor Economics at Clemson University. He came to Clemson in 2003.

Disposal of the artworks forming part of the Estate
​

The key thing is to make sure that an art collection that goes to auction is placed with the best auction house to reach the right people

​Essentially, the disposal of retained artworks in the collection of the artist is absolutely no different to the disposal of artworks in the collection of an art collector.

SEE Estate Planning for Art Collectors

REFERENCE:
  • Sales from the Artist's Estate | Making A Mark
  • Artists Estates | Mall Galleries - a new section on their website about sales of art from an artist's estate
.....in the wake of an artist’s death, take your time to see how the art world and auction houses react. While prices might spike in the short term, seeing a slow, sensible rise in value is always the safest bet. 
What happens to the value of a collection in the event of an artist's death
Art is valued on a number of factors and one is availability—how many works by that artist are on the market at one time. If a “block” of similar works were to suddenly appear simultaneously on the market, this appearance would result in a reduction of the fair market value for each individual item.
Artwork Archive


What to do with artists' paperwork? (artists' letters, artists' papers & ephemera)

Artwork isn't the only thing an Executor needs to think about when disposing of the Estate of an Artist
  • Artists' Papers Register - homepage
    Artists' Papers Register: A location register of the papers of artists, designers and craftspeople held in publicly accessible collections in the United Kingdom and IrelandThe Artists' Papers Register represents a more current, detailed and extensive
  • Artbusiness.com - Artist Letters, Photographs, Documents, Personal Papers
    Q: My great grandmother was friends and corresponded with a well-known American artist for several years in the late 1800's, and I have a number of letters and two photographs of the artist saved from the relationship. Are these worth anything?

What to do about an artists digital assets?
​

Paper ephemera are not the only type of accounts and files which an Executor needs to deal with. It's now also vital to locate and access digital accounts and digital folders and files - particularly if these include high resolution digital files of an artist's artwork

 An Executor will need to know:
  • where these are located and
  • how an account or archive can be accessed 
  • a number of sites (eg Facebook) now provide for you to detail a person who can manage your site in the event of your death.

Reference:
  • What happens to your digital assets after you die? | Janet Brewer - JDSupra
    In this day and age, however, there is a new category of assets to consider: digital assets. Internet users should be considering what will happen to their digital assets, including social media accounts, email accounts, online document storage, and

Remembering an Artist - after death
​

  • If an artist is respected, then celebrate their memory. 
  • Have your facts and statements written in advance if possible - for tailoring and editing only. That's what all the news platforms do.
  • The artist may have died but their artwork has not. It can continue to sell and generate income - but only if you are organised!
  • Think about how the legacy can continue before rather than after death!

CHECKLISTS For Remembering Respected Artists
 | Making A Mark
You don't need to wait for an artist to die to have a good long hard think about best to remember them
  • on the websites of art societies they are members of
  • in obituaries
  • in tribute exhibits
  • in a retrospective exhibition

Taking down the artist's website BEFORE they have died can, in my opinion be a big mistake. It provides a point of reference for communicating with people about:
  • where they can find out about the artist
  • where people have been paying tributes
  • if and when a retrospective exhibition will be held.
REFERENCE:
  • CHECKLISTS For Remembering Respected Artists | Making A Mark - this covers:
    • Basic principles for remembering an artist
    • Memberships of Art Societies
    • Obituaries and Tributes
    • Retrospective Exhibitions / Websites    

Go to HOME

BACK TO The Art Legacy
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ABOUT ART BUSINESS INFO. FOR ARTISTS  -  Please read "PLEASE NOTE"
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It helps artists learn how to do better at being business-like, marketing and selling their art and looking after their financial security.
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