The loss of a loved one can leave family members reeling in grief and a myriad of emotions. The last thing most people want is to be bothered by the tedious work of handling their loved one’s assets and estate. However, once someone passes away, the process of probate begins. No matter the circumstances, probate is required in some cases to oversee the process of giving possessions to the right people and ensuring debts and taxes are paid in full. An executor’s deed is used in cases where a will is present to help facilitate this transference of property.
For help carrying out an executor’s deed, trust the experienced team at Goosmann Rose Colvard & Cramer, P.A. We are well-versed in all legal services regarding transferring real property. Contact us to schedule a free, no-obligation consultation.
What Is An Executor's Deed?
When a person dies testate (with a will), an executor’s deed is used to transfer the deceased’s real property to the person or people indicated in the will. Real property refers to the land and anything attached to it. If the deceased person (decedent) passes away without a will, an administrative deed would be used in place of an executor’s deed.
The executor deed will be used by the executor of estate (the person responsible for handling the affairs of the decedent) to ensure that the real property goes to the correct person and that any debts are paid. The distribution, sale, or transfer must be approved by a probate court or processed as required by North Carolina statutory requirements for an estate to sell.
An executor’s deed is an important legal instrument that can help smooth the transfer of real property to the new owners upon the passing of a loved one. Without it, real property can get caught up in legal proceedings, drawing out the time before the inheritor can assume ownership.
Using An Executor’s Deed
Real estate is often the most valuable asset that a person owns and leaving it without any legal documentation of your intentions can cause issues for family members. That’s why creating an estate plan while you’re still living is one of the best things anyone can do to ensure that real property transfer is handled smoothly once they’re gone. Doing so can help tie up any remaining business and ensure that specific property goes to the right people.
If you are an executor, the process can seem daunting, even if clear instruction from the deceased is legally laid out. The information on the deed must be precise and should work in conjunction with an official will. The information must include a detailed description of the property, the name of the person who will receive the property’s deed, and the executor’s name and signature. An experienced real estate attorney can help with a deed transfer to the new owner.
How We Can Help
If you are dealing with an executor’s deed, a qualified real estate lawyer can help you determine all of the information that you need as well as ensuring all paperwork is completed and filed to comply with state laws to avoid any complications when the time comes to transfer the deed. If you are the executor of a person’s estate and plan to sell the property, an experienced real estate attorney from Goosmann Rose Colvard & Cramer, P.A. can assist during the real estate closing. We can also assist in the proper execution and file the information in the county property records.
Transferring property can be an involved and laborious process, especially after the death of a loved one. Let us help you during this difficult time — contact us today.