What Is an Executor's Deed?

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An executor's deed is a deed to property written out by the executor of a will, either for selling a house or distributing it to heirs. Learn about an executor's deed from an estate planning and probate lawyer in this free video on estate law.

Part of the Video Series: Estate Planning
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Video Transcript

An executor's deed is a deed that's written by the executor to the heir, or to people who are entitled to the property. It's going to come into play typically in two situations. The first situation a executors deed may come into play is when the executor is going to sell the property. It may be the deceased had a home, it may be the deceased has multiple children or multiple heirs, and it's easy frankly to sell the house. The kids don't want the house so the executor with court authority, and in most wills that's going to be implied and assumed if a good lawyer drafted the will. The executor can sell the property and sign an executor's deed to the buyer. That way all the heirs don't have to come in, the family does not have to all come in and all sign separate deeds. The executor handles the listing, the executor handles the closing, the executor writes the deed to the buyer, we're done. But the other place that an executor's deed can come in, is when somebody passes away and the kids do want the property, or they don't want it sold right away. And in that case the executor takes the deceased real estate, and sometimes the legal correct term is real property, and the executor writes a deed to Jimmy, writes a deed to Johnny, writes a deed to Mary. The three children of the deceased, there was no surviving spouse, now they each own a third of it individually, typically is something called tenants in common. We have another video on tenants in common, you may want to check that out too.

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