What information is generally required in an executors deed?

An executor’s deed is a type of deed used by the executor of an estate to convey property to the beneficiaries named in a will or when the property is sold to a third party.  An administrator’s deed is used to convey property when the decedent (the person who died) died intestate (without a will). 

State law governs the information which must be contained in an executor’s deed in order for it to be valid.  Generally, however, the following information is required in an executor’s deed: 

• The name of the executor,
• A recital that the executor is acting in his capacity as such;
• The name of the decedent;
• A recital that the deed is being executed pursuant to the terms of a will;
• A recital that the deed has been offered for probate;
• The legal description of the property; and
• The signature of the executor. 

Depending on state law, the executor may be required to sign the executor’s deed in the presence of at least one witness and a notary public.  Additionally, if the property is being conveyed to a third party, the decedent’s heirs should also be named as grantors and they should sign the executor’s deed.  This will prevent future challenges to the conveyance by the heirs. 

The heirs of a decedent have no authority to sell any of the decedent’s real property.  This is the case because they have no legal interest in the property; they have only an equitable interest in that property until it is transferred to them by the executor. 

If you have questions about executor’s deeds or administrator’s deeds, contact an experienced real estate attorney in your area.  A real estate attorney will explain the legalities of these deeds and ensure that the deed is property executed and recorded.