Franchise Owner Dies: What 5 FDDs Give the Estate (2026)

In the five franchise agreements quoted below (FDDs issued February to April 2026), stated transfer windows are 180 days or six months. In 2 of the five 2026 FDDs quoted here, row p states no deadline. Jamba also requires a written consent application within three months, which is a separate, earlier step.

Franchisors reissue their FDDs at least once a year; confirm each term in the brand’s current FDD before relying on it. The brands quoted here are Smoothie King, PJ’s Coffee, The Human Bean, Jamba and Robeks.

Death and incapacity terms, by agreement

Brand	What happens on death or incapacity	Deadline	FDD issued
Smoothie King	Item 17 row p, Section 15.3: “Your estate must transfer your interest to your heirs or beneficiaries, or a third party approved by Smoothie King within 6 months.” Section 15.3 requires an acceptable certified manager until transfer and waives the Section 15.7 transfer fee.	Section 15.3: a reasonable time, “… not to exceed six (6) months from the date of death or permanent disability …”.	April 8, 2026
PJ’s Coffee	Item 17 row p: “Franchisee’s estate may transfer Franchisee’s interest to Franchisee’s heirs or beneficiaries, or a third party approved by Franchisor.” Row p cites Article 10; that article covers other business interests. The succession provision is Section 13.1(iv): next of kin or a legatee must assume obligations and complete initial training; after disability, the franchise may be sold or kept if trained personnel operate it.	No deadline stated in row p. Section 13.1(iv) states no succession deadline.	April 10, 2026
The Human Bean	Item 17 row p, Section 12.4: “Relaxed requirements for transfers in the event of your death or disability.” Section 12.4 waives the fee, consent and ROFR for a transfer of the deceased or incapacitated person’s interests to a parent, sibling, spouse, children or another Control Group member.	No deadline stated in row p. Section 12.4 states no deadline.	February 25, 2026, amended May 5, 2026
Jamba	Item 17 row p, Section 16.6: “Upon 180 days from your death or permanent incapacity you must transfer all rights and interests to buyer that complies with Transfer provisions, except no Transfer Fee will be due.” Section 16.6 requires a consent application and permits termination if the interest is not disposed of within its stated period.	Apply in writing “… within three months after the event …”. Disposition: “… within 180 days after the date of death or appointment of a personal representative or trustee …”.	March 27, 2026
Robeks	Item 17 row p, Section 19.H: “Your heirs can qualify or they or your legal representative must assign the franchise to an approved buyer within 180 days; otherwise, we can terminate the Agreement.” Section 19.H allows qualification and assumption of obligations or a completed sale or assignment to a qualified, approved third party.	“… 180 days from the date of death or Incapacity …”.	April 17, 2026

In 3 of the five 2026 FDDs quoted here, row p states a numeric transfer or qualification deadline: Smoothie King, Jamba and Robeks. PJ’s Coffee and The Human Bean do not. A three-month application deadline is not the same as a six-month or 180-day transfer deadline, and 180 days should not be rewritten as six calendar months.

For where the succession row sits and how to follow its agreement references, see FDD Item 17 explained.

Family exemptions do not all work the same way

Smoothie King’s Item 17 row l excepts a transfer to an heir or beneficiary after death or mental incapacity from its consent requirement. Section 15.3 nevertheless requires an approved person and applies the relevant transfer conditions; it also waives the transfer fee. Have counsel reconcile the summary with the signed agreement. The transfer fee guide explains why fee exemptions and approval conditions need separate review.

The Human Bean’s Section 12.4 is specific: the fee waiver, consent exception and ROFR exception apply to transfers of the deceased or incapacitated person’s interests to a parent, sibling, spouse, children or another Control Group member. PJ’s Coffee’s Section 13.1(iv) instead requires next of kin or a legatee to assume obligations and complete initial training.

These clauses do not establish an unrestricted right for any relative to operate a unit. Record the exact recipient, qualification and operating rules in your own succession plan.

Default and guarantees need separate review

Jamba’s Section 16.6 expressly allows termination if the interest is not disposed of within its stated 180-day period. Robeks’ Section 19.H likewise allows termination at the end of its 180-day period if the successor has not qualified and satisfied conditions or obtained consent to a third-party transfer. An attorney should review the consequences and any applicable state-law provisions in the signed agreement.

Smoothie King’s guaranty exhibit expressly binds an individual guarantor’s estate, but only for defaults and obligations existing at death; the other guarantors’ obligations continue. Do not assume death releases every guarantor. Review the signed exhibit alongside the personal guarantee release guide, including any separate loan guarantee.

If an estate decides to sell, what a franchise resale is explains the transaction. Financial pressure makes distressed-franchise due diligence especially relevant, but it does not replace succession or transfer approval requirements.

What an owner can do now

Review succession planning with a franchise attorney and an estate lawyer together. Collect these facts before an executor needs them:

• Find every deadline. Start with Item 17 row p, then read the cited agreement section. Separate the consent application deadline from the completed transfer deadline.
• Record who may receive the interest. Identify any family exception and the qualification or training conditions that remain.
• Plan interim operations. Ask who may run the unit and what manager qualifications apply while the estate handles the transfer.
• Review the guarantees. Read the guaranty exhibit and any loan guarantees, including obligations of surviving guarantors.
• Keep the documents findable. Keep the signed agreement and succession documents where the estate can find them; the document storage guide addresses organizing important records.

Check your agreement's succession terms now

Our free agreement red-flags checklist covers the transfer terms to review with your attorney, including family and estate transfers and the franchisor's approval rights. Plus the due-diligence kit.

Email addressSend me the kit

Optional: connect me with a vetted franchise-development partner if I match what they're looking for. FranchiseFeast may be paid a referral fee for this. It is never required to get what you asked for, and you can withdraw at any time.Your background (optional)Prefer not to sayCorporate or executive backgroundEntrepreneur, no food experience yetI already operate multiple unitsSomething else

Company

The kit is educational only, not legal or financial advice. By subscribing you agree to ourterms and privacy policy. How we're paid, including referral fees:affiliate & referral disclosure.

Questions to ask a franchise attorney

• What deadline does my agreement set after death, and after disability?
• Is there an earlier application or notice deadline?
• What happens if either deadline is missed?
• Does a transfer to my heir or beneficiary require consent?
• Must the successor qualify or complete training?
• Who may operate the unit during the transfer?
• Which guaranty obligations bind the estate or surviving guarantors?
• Does the right of first refusal apply to this particular succession transfer?
• How should the agreement’s requirements be reflected in my estate plan?

Buying or selling an existing franchise: Resale basics, where to find resales, resale due diligence, resale vs. new, transfer approval, right of first refusal, transfer fees and distressed franchises.