Georgia Executor's Deed to a Trust
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FAQ
The named personal representative uses an executor's deed to transfer real property from a testate estate. The executor's deed contains all the information required for a standard conveyance, such as a quitclaim or warranty deed, but also includes relevant details about the decedent and the probate case.
In the state of Georgia, you cannot sell real estate unless you have been specifically granted the authority to do so.That means that you can file a petition in the probate court asking for the authority to sell the property. At that point, it will be up to the judge to decide whether to go forward with the sale.
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.
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.
Georgia does not allow real estate to be transferred with transfer-on-death deeds.
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.