If my parents’ Will appointed an executor but before they passed they signed their home/property over to their 5 children, does this cancel out the position/duties of the executor?

We now own the house and land.

Asked on July 28, 2014 under Estate Planning, Kentucky


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss.  Maybe, but that is hard to tell with out knowing more.  If there were other assets of the estate then the Executor has the duty to have those assets put through probate. If the house was the only asset then you could indeed be correct: there is no need to probate the estate so submitting the Will to the Probate court would be futile.  Ask an attorney in your area for a consultation.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.