Alabama Executor's Deed
What this document covers
The Executor's Deed is a legal document used to transfer property ownership when the grantor is acting as the executor of an estate. This deed allows the executor, appointed through a will or by the court, to convey real estate on behalf of the estate. It differs from other types of deeds because it specifically relates to property transfers facilitated under the authority granted by the probate court.
Main sections of this form
- Identification of the grantor, acting as the Personal Representative/Administrator of the estate.
- Details of the property being transferred, including a description in an attached Exhibit A.
- A statement of consideration received for the property transfer.
- Signatures of the Personal Representative/Administrator and notarization block.
- Date of execution and acknowledgment by a notary public.
When to use this form
You should use the Executor's Deed when you need to transfer real property as part of settling an estate. This deed is necessary when the property is titled in the name of a deceased individual and must be formally conveyed to the beneficiaries or a third party as designated in the estate's probate process.
Who this form is for
- Executors or Personal Representatives of an estate appointed in a will or by the court.
- Beneficiaries who wish to have property transferred to them as part of the estate settlement.
- Attorneys representing an estate in the probate process to facilitate property transfers.
Steps to complete this form
- Identify the parties involved: the estate and the grantee.
- Clearly describe the property being transferred, including details in Exhibit A.
- Enter the consideration amount for the property transfer.
- Have the Personal Representative/Administrator sign the deed.
- Obtain notarization from a qualified notary public.
Does this form need to be notarized?
To make this form legally binding, it must be notarized. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session.
Common mistakes
- Failing to include a complete and accurate legal description of the property.
- Not properly identifying the Personal Representative and their authority.
- Neglecting to obtain notarization, which can invalidate the deed.
- Forgetting to include the consideration amount or notating it correctly.
Why complete this form online
- Immediate access to legally sound templates designed by licensed attorneys.
- Convenience of downloading and completing at your own pace.
- Easy editing capabilities to tailor the form to your specific circumstances.
- Documentation that meets legal formatting standards to ensure compliance.
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FAQ
In Alabama, the estate executor is known as a "personal representative". Executors for Alabama estates are entitled to reasonable compensation of up to 2.5% of assets received, and 2.5% of disbursements.
Executor's Deed: This may be used when a person dies testate (with a will). The estate's executor will dispose of the decedent's assets and an executor's deed may be used to convey the title or real property to the grantee.
In most states, an executor's deed must be signed by a witness and notarized. An executor's deed should be recorded in the real estate records of the county in which the property being conveyed is located.
During the administration of the estate those Executors who have obtained a Grant of Probate (more of which later) must act jointly. That is to say that they must all agree on a course of action and each sign any documents, etc. Clearly there may be problems if those appointed do not get on.
By law, the probate of an estate in Alabama will take at least six months. This period gives creditors and others with a claim on the estate time to receive notice that the estate is being probated and to submit a claim.
Generally, an executor has 12 months from the date of death to distribute the estate. This is known as 'the executor's year'. However, for various reasons the executor may have been delayed and has not distributed the estate within this time frame.
The court will force the executor to return the property to the estate or pay restitution to the beneficiaries of the estate.The executor cannot transfer estate property to himself because the property belongs to someone else unless he pays the full price for it.
Once the COURT appoints you as executor, you will record an affidavit of death of joint tenant to get your mother's name of the property. Then, when you get an order for final distribution, you will record a certified copy to get the property into the names of the beneficiaries under the will.
