Executor’s Deed Texas

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Executor’s deed texas

An Executor’s Deed in Texas is used to transfer real property from the estate of a deceased property owner to the heir or heirs designated in their Will. It is signed by a court appointed Executor, who is the person named in a will to execute the terms of a Will.

Good to know: An Executor is a person specified in a Will who is given the legal authority to carry out the remaining financial obligations of a deceased person. This often includes the distribution of assets including real estate. The Executor may transfer or convey real property owned by the deceased property owner.

When the Will is filed for probate, the person named as the Executor will need to sign the Executor’s Deed to transfer the property from the deceased owners to the heirs named in the Will.

If there is no Will, a probate judge may appoint an Administrator for the estate.

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Note: To be in effect, a Will must be authenticated by a probate court. Texas law requires a Will to be filed for probate within 4 years of the date of death.

What is an Executor’s Deed

An Executor’s Deed is the deed used to transfer or convey real estate of a deceased property owner who died with a Will. It is the legal document used by the Executor to complete the transfer of real property owned by the deceased according to the terms of the Will.

Good to know: Even though a Will names an Executor, the Executor must file the Will in a probate court, prove it is a valid Will and be appointed as Executor before he or she can transfer the property.

If there is not a Will or if it is too late to probate a Will, the probate court may appoint an Administrator of the estate.

executor’s deed

The Executor’s Deed should state that the transfer is occurring according to the property owner’s instructions laid out in a valid Will. It should also state that the transfer is being administered by the executor of the estate.

This deed requires the following:

  • A precise description of the property being transferred
  • The name of the heir or beneficiary receiving the property
  • The name of the Executor
  • The deed will be signed by the Executor in front of a notary

Note: Once signed and notarized, the deed should be recorded in the county where the property is located.

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Administrator’s Deed

An Administrator is authorized to take charge of the estate and transfer the property to the heirs. In order to transfer property from the estate to an heir, the Administrator will need to sign an Administrator’s Deed.

Good to know: An Administrator is a person appointed by a court to transfer property of a deceased owner.

The Administrator’s Deed should state that the transfer is occurring according to the court’s instructions. It should identify the court and the name of the deceased owner. The deed can be used to transfer the property from the deceased owner’s name to the heir to the property.

An Administrator’s Deed requires the following:

  • A precise description of the property being transferred
  • The name of the heir or beneficiary receiving the property
  • The name of the Administrator
  • The deed will be signed by the Executor/Administrator in front of a notary

Note:Once signed and notarized, the deed should be recorded in the county where the property is located.

We prepare Administrator’s Deeds for $195.

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Executor’s Deed prepared for $195

Do you have questions about an Executor’s Deed? Call and speak directly with attorney Scott Steinbach at 972-960-1850. Or email him at scott@texaspropertydeeds.com.

R. Scott Steinbach is licensed in the state of Texas. Board Certified by the Texas Board of Legal Specialization in Residential Real Estate Law. AV Preeminent rated by Martindale-Hubble. Peer rated for Highest Level of Professional Excellence.

Texas Property Deeds is a service of The Steinbach Law Firm.

The Steinbach Law Firm is a Texas Real Estate Law Firm. We prepare all documents for any real estate transaction in Texas.

Board Certified in Residential Real Estate Law in Texas. For Texas Property Deeds
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