Executor's Deed

The personal representative must obtain the distributee's receipt for property distributed, and for real property must record the court order for distribution, the personal representative's deed, or both, in the county…

Letters are signed by the clerk under the court's seal and state the issuing county, the person appointed and whether an executor, administrator, administrator with the will annexed or special administrator, and whether…

Subject to the chapter's limits and requirements, the personal representative may sell real or personal property when the sale is necessary to pay debts, devises, family allowance, administration expenses or taxes, when…

Except as provided by statute, the personal representative has the right to and must take possession or control of all property to be administered and collect debts due the decedent or the estate (without liability for…

Judicial Council rule: a petition for distribution must list and describe in detail the property to be distributed (in the petition, an incorporated attachment or, when an account is filed with it, an account schedule),…

A conveyance of real property or an estate for years that is acknowledged, certified and recorded is constructive notice of its contents to subsequent purchasers and mortgagees from filing, with rules for certified…

On confirmation the personal representative executes a conveyance to the purchaser that refers to the order confirming the sale and directing the conveyance, and a certified copy of the order is recorded in the county…

Even with independent administration authority, court supervision is required for the compensation of the personal representative and attorney, settlement of accounts, preliminary and final distributions and discharge…

A personal representative with full independent administration authority has the power to sell or exchange estate real property. Under section 10510 that power is exercised only after notice of proposed action.

Connecticut: 47-5 requires a written conveyance subscribed through the applicable natural-person, authorized-agent or entity route, acknowledged as a free act and deed or as chapters 6 or 8 permit, and ATTESTED BY TWO…

Official guide published by the Office of the Probate Court Administrator describing Connecticut estate administration step by step: filing PC-200 in the district of domicile with copies to heirs and beneficiaries and…

Connecticut rule that in ordering a sale under sections 45a-164 to 45a-169 or 45a-428 the Probate Court directs whether it is public (with the notice the court directs) or private (with the court able to fix price and…

Connecticut rule that where a testator authorized or directed executors to sell real property and some or all named executors fail to act or die, or a sole executor fails to accept or dies and an administrator with the…

Connecticut rule that the Probate Court settling an estate may, concurrently with courts of equity, authorize the fiduciary to convey the decedent's title in real property to a person entitled under the decedent's…

Connecticut limit that the Court of Probate may not order sale of a decedent's real property already conveyed or mortgaged by heirs or devisees to a good-faith purchaser or mortgagee for value except within ten years…

Connecticut rule that after the surviving spouse's share is set out, any distributee's share may be distributed in real or personal property or both.

A decree affecting title to the decedent's real property is recorded on the land records. The step that keeps the chain of title clean; remind an executor it is not optional.

WHO MAY TAKE AN ACKNOWLEDGMENT IN CONNECTICUT, and the list is wider than a notary: a judge of a court of record or a family support magistrate, a clerk or deputy clerk of a court having a seal, a town clerk, a NOTARY…

Connecticut procedure: on written application of an administrator, executor, temporary administrator or other listed fiduciary, after court-ordered notice and hearing, the Probate Court may authorize sale or mortgage of…

Delaware requirement that before executing an order of sale the executor or administrator enter into bond to the State, with court-approved sureties in a sum fixed by the Court of Chancery, conditioned to account for…

Land is transferred by DEED, without livery of seisin, and the legal estate passes with the use. The foundational Delaware conveyancing section; the formalities that make the deed recordable are in title 9 chapter 96.

A deed or letter of attorney concerning land, ONCE ACKNOWLEDGED OR PROVED AND THE ACKNOWLEDGMENT CERTIFIED, is recorded with its certificate in the recorder's office for the county where the land lies.

Whether rents and profits of real estate are estate assets, and the fiduciary's possession and repair obligations. Guidance for an executor holding rental property.

An express power of sale in the will, and the protection it gives a purchaser from the executor. Ask whether the client wants one; it avoids a court application later.

Delaware procedure letting an executor or administrator whose personal estate is insufficient to pay the decedent's debts petition the Court of Chancery of a county where the real estate lies for an order to sell all or…

Delaware rule that the Court of Chancery may refuse to order or approve a sale of real estate it considers improper under the circumstances, even if the personal estate is insufficient or the sale was regularly…

Delaware rule that on a deficiency of personal estate the Court of Chancery may order the executor or administrator to sell the real estate or a specified part, no more than needed unless a partial sale would injure the…

Delaware rule that the executor or administrator returns the sale proceedings to the Court of Chancery and, if the return is approved, makes a deed to the purchaser;

Delaware rule that the grantee of a deed made under chapter 27 takes all the estate, title and claim the decedent had at death, paramount to encumbrances and to the rights of devisees and heirs, and discharged of…

Where a deed recites no consideration or a nominal one, the tax is computed on fair market value and the return must show it. A District deed of gift therefore still needs a value figure on the transfer tax return.

On a distribution in kind, the personal representative must, on the distributee's request, execute and deliver a writing of distribution assigning, transferring or releasing the property as evidence of title.

A personal representative is a fiduciary under a general duty to settle and distribute the estate under the will or intestacy law as expeditiously and efficiently as prudent.

Any interested person may move the Court to set a priority for the sale or transfer of estate property, real or personal;

A personal representative may at any time petition the Court for permission to act in any administration matter. Useful where a purchaser or title insurer asks for an order confirming a sale despite the § 20-741 powers.

A personal representative who improperly exercises a power is liable to interested persons as a trustee of an express trust would be, and acting against a Court order or the will may be a breach;

Except under § 20-753, a person who in good faith assists or deals with a personal representative for value is protected as if the power were properly exercised, need not inquire into the existence or propriety of a…

Imposes the District recordation tax on a deed at a rate applied to the consideration or fair market value, and requires a return to be filed with the deed.

A notarial act relating to a statement made in or a signature executed on a record requires THE INDIVIDUAL MAKING THE STATEMENT OR EXECUTING THE SIGNATURE TO APPEAR PERSONALLY BEFORE THE NOTARIAL OFFICER, including an…

Florida court rule requiring a personal representative who needs authorization or confirmation of a sale of real property to file a verified petition stating the reasons for the sale, a description of the property and…

Florida text making all Florida real and personal property of the decedent, except the protected homestead, and its income assets in the personal representative's hands for paying devises, family allowance, elective…

Florida text allowing a personal representative of an intestate estate, or whose testator conferred no power of sale or only a power too limited to exercise conveniently, to sell real property at public or private sale…

WHAT THE CLERK WILL REFUSE TO RECORD. Every signer's name must be printed beneath their signature with a post-office address, the name and address of the natural person who PREPARED the instrument must appear, each…

Florida text protecting a person who in good faith assists or deals for value with a personal representative as if the representative acted properly, except as section 733.613(1) provides;

Florida text listing what a personal representative may do without court order, unless the will or a court order provides otherwise and subject to section 733.805 priorities, when acting reasonably for interested…

Florida text providing that a distributee who receives from a fiduciary a writing transferring assets in kind, a payment in distribution, or possession of specific property succeeds to the estate's interest in those…

Florida's DOCUMENTARY STAMP TAX on a deed, charged on the consideration, including the amount of any mortgage the grantee takes subject to.

Florida: 689.01 generally requires a written instrument signed in the presence of two subscribing witnesses for its covered conveyances, preserving testamentary/operation-of-law provisions, leases and instruments…

Recording may use acknowledgment, subscribing-witness proof or specified legalization/authentication, with different authorized officers and certificates by location.

On a distribution in kind, the personal representative executes and delivers a deed or other writing of distribution assigning, transferring or releasing the assets to the distributee as evidence of title.

Maryland: 4-101 addresses deed content, execution, acknowledgment and recording where required; absence of attestation or a seal does not defeat a deed signed as that section specifies.

Provides the short form of letters of administration reciting that administration was granted on a date to a named person and that the appointment is in full force as of the date of the letters.

Except as validly limited by the will or a court order, a personal representative may exercise listed powers without court application, approval or ratification, including to invest in, sell, mortgage, pledge, exchange…

Absent actual knowledge or reasonable cause to inquire whether the personal representative is improperly exercising a power, a person dealing with the representative need not inquire and is protected as if the power…

A covenant that the grantor "will warrant specially the property hereby conveyed" limits the warranty to claims by, through or under the grantor. This is the covenant in most Maryland residential and fiduciary deeds.

A freehold, inheritance estate, use declaration or limitation, or estate over seven years passes only if its deed is EXECUTED AND RECORDED, a freehold title condition, not mere priority.

Every form in the subtitle, or a form to like effect, is sufficient for the purpose intended. It authorises reliance on the statutory deed and acknowledgment forms that follow.

Supplies Maryland's statutory short-form deed. Drafting to it is the safe course for a Maryland conveyance and keeps the covenant sections operating by reference.

EVERY DEED PRESENTED FOR RECORD must contain the grantee's full name, residence and post office address, and a recital of the full consideration in dollars or the nature of other consideration.

Massachusetts rule that, unless the will provides otherwise, a personal representative has the right and duty to take possession or control of the decedent's property, though real property and tangible personal property…

Massachusetts: 183-1 treats an authorized owner's or attorney's executed and delivered deed as sufficient without another ceremony, subject to 183-4.

Massachusetts rule that a person who in good faith assists or deals for value with a personal representative is protected as if the representative properly exercised the power, need not inquire into the power or its…

Massachusetts rule that proof that a distributee received a deed or other writing of distribution in kind, or payment, from the personal representative is conclusive evidence against all persons interested in the estate…

An authorized owner's or attorney's executed and delivered deed is sufficient without another ceremony, subject to section 4.

Recording and the evidence of delivery it supplies. Record promptly; delivery is otherwise a question of fact.

MASSACHUSETTS PUBLISHES STATUTORY DEED FORMS in the appendix to chapter 183, and they are SUFFICIENT for their purposes. They may be altered as circumstances require, and other forms remain permissible.

Massachusetts list of transactions a personal representative may undertake acting reasonably for interested persons, subject to the will, any formal order and the § 3-902 priorities, including performing the decedent's…

Massachusetts rule that absent administration heirs and devisees are entitled to the estate under a probated will or intestacy, devisees may establish title by the probated will, and those taking by allowance, exemption…

To be effective to prove the transfer of any property or to nominate an executor, a will must be admitted to probate.

Until the appointment ends, a personal representative has the same power over title to estate property that an absolute owner would have, held in trust for creditors and others interested in the estate, and may exercise…

Once 7 years have elapsed after a surrogate's court or Superior Court judgment admitting a will to probate, whether or not the testator was a resident, the judgment, unless set aside, is conclusive on the title to real…

A county recording officer may not record a deed unless the fee is paid and, where an exemption or partial exemption is claimed, the statutory affidavit of consideration is annexed.

Official Division of Taxation Form L-9 (9/22), for resident decedents dying on or after January 1, 2018: an executor, administrator or joint tenant asks the Division for a real property tax waiver when all beneficiaries…

To show the authority of a personal representative appointed in another state to release or discharge New Jersey real estate from a mortgage, judgment or other lien the decedent held, the surrogate of the county where…

A decedent's real property remains liable for payment of the decedent's debts for 1 year after death, but the personal representative may sell it free of that liability on application to the court, on terms the court…

Defines "consideration", "deed" and "grantor" for the Realty Transfer Fee, including the rule that consideration includes the amount of any mortgage or lien the grantee takes subject to.

Defines the covenant against grantor's acts, the covenant that makes New Jersey's ordinary residential conveyance a bargain and sale deed with covenants against grantor's acts: the grantor warrants only that it has done…

On an individual's death, real and personal property devolves to the devisees under the will (or their substitutes on lapse, renunciation or other circumstances), or absent testamentary disposition to the heirs (or…

The Surrogate's Court may authorize or direct disposition of a decedent's real property for the purposes in § 1902, even where the will or a statute appears to authorize it;

The joint grantor and grantee return Tax Law § 1409 requires to be filed with the recording officer for every conveyance outside New York City, carrying the transfer tax computation, any exemption claimed, the mansion…

Line-by-line instructions for the return that must accompany every deed recorded outside New York City, including who signs, the exemption codes in Schedule B, the credit line mortgage certificate and the certification…

Once a probate petition is filed and process has issued, a named executor may request preliminary letters testamentary (earlier in the court's discretion), with notice to co-executors of equal right and to executors…

On the return of process the court inquires into the facts, the property's value and the best manner and time of disposition, may direct disposition of all or part of the property, decide whether the sale is public or…

A mortgage, lease, conveyance or release made under an Article 19 order binds remainders, reversions and present, future and trust interests, and is effective against persons under disability, absentees and persons not…

Letters granted by the court are conclusive evidence of the holder's authority until the decree granting them is reversed or modified on appeal or the letters are suspended, modified or revoked, and a clerk's…

Gives the statutory meaning of the covenant against grantor's acts, that the grantor "has not done or suffered anything whereby the said premises have been encumbered in any way whatever".

This section supplies the exact form of certificate of acknowledgment for an individual within New York, the form that the power of attorney's acknowledgment must follow because GOL 5-1501B requires the principal's…

The counterpart form where the acknowledgment is taken outside New York, including the requirement that the certificate name the jurisdiction.

Ohio text allowing an executor or administrator, unless the will expressly prohibits it, to sell publicly or privately, option, exchange or otherwise dispose of estate real property and execute and deliver deeds if the…

Official Ohio standard probate form by which the surviving spouse and the legatees, devisees or heirs, each declaring adulthood, empower the fiduciary to sell at public or private sale, grant options, exchange or…

An unrecorded deed or land contract is fraudulent as against a subsequent bona fide purchaser. Record in the county where the land lies, promptly.

Ohio text requiring every will admitted to probate to be filed with the probate judge and recorded, with any testimony or prior judgment of validity.

Ohio text providing that when devised real property lies in a county other than the one where the will was proved or declared valid, an authenticated copy of the will and the order of probate or judgment of validity…

Ohio text providing that when letters are revoked, a fiduciary is removed, resigns or dies, a will is declared invalid, or a spouse elects under section 2105.06, prior sales, leases and encumbrances made lawfully and in…

Ohio text providing that when a will or devise authorizes a qualified executor, administrator or testamentary trustee to sell any class of personal or real property, no probate court order is required for the sale, and…

Ohio text requiring the executor or administrator, when real property passes by intestacy or will, to apply after the inventory including it and before the final account for a certificate of transfer, except for…

Ohio text requiring the county recorder, on receiving a certificate of transfer under section 2113.61, to record it in the official records and index it with the decedent as grantor and the person to whom the property…

Ohio text requiring an executor or administrator, once the personal property on hand is found insufficient to pay the decedent's debts, the section 2106.13 support allowance and administration costs, to commence a civil…

Legal title to a decedent's personal estate passes at death to the personal representative, if any, as of the date of death, and legal title to all real estate passes at death to the heirs or devisees, subject to all…

Where a decedent leaves an interest in Pennsylvania real estate and either no letters have been granted and one year has passed since death, or a personal representative has not filed an account within six years of…

The personal representative takes possession of estate property and collects rents, EXCEPT real estate occupied at death by an heir or devisee with the decedent's consent.

In addition to any right the will confers, the personal representative individually may bid for, purchase, take a mortgage on, lease or take by exchange estate real or personal property, subject to court approval on…

Certified copies of proceedings of any Pennsylvania court relating to or affecting real estate may be recorded in the office for the recording of deeds in any county where the real estate lies.

A personal representative may distribute real or personal property at the representative's own risk without an account, free of liability to any claimant whose claim was not known within one year after the first…

A certified copy (or excerpt) of every adjudication or decree awarding real estate is recorded at the estate's expense in the deed book of each county where the land lies, indexed under the decedent's name as grantor…

Unless the will says otherwise, the personal representative may sell personal property and real property that is not specifically devised, and specifically devised real property with the devisee joining.

A testamentary power to sell, unless expressly restricted, includes power to sell at public or private sale or to pledge or mortgage for any purpose of administration or distribution, but not to grant an option without…

Texas text providing that, except as Chapter 356 provides, estate property may not be sold without a court order authorizing the sale, and that the court may order a sale for cash or on credit, at public auction or…

Texas text giving the executor or administrator, on issuance of letters, the right to possession of the estate as it existed at death, subject to section 101.051, and requiring the representative to recover possession…

Texas text providing that, subject to section 101.051 (debts and delinquent child support), estate property devised by a lawful will vests immediately in the devisees, powers of appointment vest in the donees, undevised…

A Texas will generally must be offered for probate WITHIN FOUR YEARS of the testator's death, after which it may be probated only as a muniment of title on a showing that the applicant was not in default.

TEXAS'S MUNIMENT OF TITLE, a probate route with no administration where there are no unpaid debts other than those secured by real property. It is fast and cheap and is the right answer for many simple Texas estates;

Texas text requiring an application to sell estate real estate to be in writing, describe the real estate or interest to be sold, and be accompanied by an exhibit verified by affidavit showing the estate's condition in…

Texas text directing the court to order the sale if satisfied it is necessary or advisable, or to deny it and possibly order a more advantageous sale of other property.

Texas text requiring a successful bid or contract for sale of estate real property to be reported to the ordering court no later than the 30th day after the bid or contract.

Texas text requiring estate real estate that is sold to be conveyed by a proper deed that refers to and identifies the court order approving the sale.

Texas text allowing the court, when there is no will or the will does not sufficiently authorize sales, to include in the order appointing an independent executor general or specific authority to sell property that the…

On the personal representative's motion, which may be ex parte, the circuit court where the representative qualified may grant all or part of the § 64.2-105 powers, weighing the listed factors such as the nomination,…

Any person with an interest in real estate of an intestate decedent, including a qualified personal representative, may execute an affidavit on the official form describing the real estate in the jurisdiction, stating…

Where the decedent signed and delivered a bona fide written contract of sale, option or similar agreement binding the decedent's representatives to convey real property, the personal representative may execute a deed on…

Supplies Virginia's statutory short-form certificates of acknowledgment for an individual, a corporation, a partnership, an attorney in fact and a public officer or fiduciary.

Every will admitted to probate is recorded by the clerk. The personal representative must cause a certified copy to be recorded in every county or city where the testator owned real estate at death or real estate…

A person dealing in good faith with a personal representative who presents a currently effective certificate of qualification may presume the representative is authorized, and must accept or reject it within seven…

An heir or devisee who sells real estate that is an asset for debts is liable to creditors for its value with interest, but the land itself is not liable if the sale was more than one year after death, bona fide, and no…

Official affidavit under Va. Code § 64.2-510 describing real property of a decedent who died intestate as to it and listing the heirs' names, addresses, relationships and ages, for recording in the circuit court clerk's…