In a personal representative’s deed, can the grantor be the same person as the grantee?

Get Legal Help Today

 Secured with SHA-256 Encryption

In a personal representative’s deed, can the grantor be the same person as the grantee?

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?

Asked on February 1, 2011 under Estate Planning, Hawaii

Answers:

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

Answered 10 years ago | Contributor

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. 


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption