In a personal representative's deed, can the grantor be the same person as the grantee?
Question Details:
My father's estate has gone into probate and our family would like to transfer a property title from his name to the beneficiary's name (my mother). How can I best accomplish this? My mother is both PR/executor and the listed beneficiary/devisee for the property. Can she be both grantor and grantee on that PR limited warranty deed? If not, what is the correct procedure?
I am so sorry for your loss. First, I hope that you are getting some legal help with the estate. It does not pay for you to take any chances with the matter. Now, your Mother was not on the title to the property that you want to transfer? Because if she held it with your Father jointly, ten to one it passed by operation of law to her upon his death and it is not considered part of the probate. You just have to transfer and file the deed. Generally speaking as the executor of the estate she is given great powers under the law and she must follow the requests of the decedent (your Father) as indicated in the Will. The fact that he named her Executrix and left her the property is not unusual as they were married. An Executrix esecutes as Executor's Deed to transfer the property. But please get help with this to do it correctly. Good luck.
