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Tennessee Executor's Deed An executor's deed?also called a personal representative's deed?transfers real estate from a deceased owner's estate to the owner's heir or beneficiary. A personal representative or executor creates the deed within the court-supervised probate process.
More specifically, it comes into play when the deceased individual has left a will, and the only asset that needs to be probated is real estate. In a sense, a Muniment of Title provides a simplified path for those inheriting property, bypassing the lengthier, and often costly, full probate process.
This term is typically used when describing a particular process of transferring property when a person has passed away. More specifically, it comes into play when the deceased individual has left a will, and the only asset that needs to be probated is real estate.
There are two main requirements to probate a will for muniment of title: 1) the beneficiary must be transferring only ownership of real estate rather than any other type of assets; and 2) the decedent must have left a valid will.
However, any asset that has a joint owner or a beneficiary designation (or a payable/transferable on death designation), will not have to go through the probate process, so long as that designee is still alive. For any assets in the decedent's estate that were individually owned, the probate process will begin.