Real Estate Attorney – Located in San Antonio Texas
JD GARZA
JD GARZA
Read More
Victor is a mover & shaker in the Real Estate Investment business...I recommend him anytime.
Dan Diaz
Dan Diaz
Read More
Excellent atty. Highly recommendable. Quick & knowledgable.
Larry Offutt
Larry Offutt
Read More
I have used the firm in both purchasing & sell transactions. each time was a pleasure.

Executors Deed (Probate)

An executor’s deed is a legal document that transfers legal ownership of real property from the deceased’s estate to the beneficiary named in the will. This deed establishes a legal and equitable title with ownership of a property. Once the deed is recorded, the beneficiary becomes the legal owner of the property. An executor’s deed consists of:
  • Identifying the parties to the transfer
  • Describing the land in the deed
  • Title and tax search to look for problems
  • Executing or signing the deed required
  • Delivery and acceptance of the deed by the grantee
All legally documented in the county court records. Price: $300 (Setup an Appointment)

In this video:

  • How is this type of deed different from any other types of deeds? 
  • Do I have to go through a court process to do an executor’s deed? 
  • Can I sell the home, without first changing the name on the deed? 

Table of Contents

How to transfer a deed after probate of an estate has been completed: 

It is important to understand all of the legal obligations an executor has. In order to transfer assets and carry out the wishes of the deceased, an executor is bound by certain laws. It is the executor’s legal obligation to make the necessary changes and transfer the title to the beneficiaries or heirs.  Some examples of the executor’s legal obligations that we can help with are:

(1) take possession, custody, or control of the estate property;
(2) safeguard the property from loss, theft, damage, or destruction by securing it, storing it, or insuring it;
(3) set aside the homestead, family allowance, and other property that is exempt from creditor claims;
(4) settle all claims against the estate including payment of debts and taxes;
(5) pursue any claims owed to the estate including the recovery of money or other property;
(6) distribute the remaining estate property to the beneficiaries named in the will. 

Other important information about probate: 

signature on a peice of paperTestator: a person who has made a will or given a legacy.
Executor/Executrix: The person responsible for carrying out the terms of a will.
Administrator: An administrator represents the interests of beneficiaries & creditors.
Heirs/ Beneficiaries: An heir is defined as an individual who is legally entitled to inherit some or all of the estate of another person who dies.

Depending on the circumstances, the executor might transfer the title to heirs as directed in the deceased’s will or sell the property outright. Note that executor’s deeds do NOT typically include a general warranty on the title. An executor’s deed is used by executors who are authorized by the probate court to transfer real property out of an estate.

Sometimes, the executor must also include supporting documentation such as copies of the letters testamentary, the will and signatures from heirs or beneficiaries, etc.

FAQ

After someone passes, the executor or administrator of the estate, needs to sign for any real estate transaction, regarding the estate.

With an Executors deed it is much easier. Although there may be a few things that they need to obtain for documentation, such as, former owners death certificate, a notarized affidavit of death, and a preliminary change of ownership form. Upon receiving all the necessary documents, we can then transfer and record in the county to issue a new title deed.

After someone passes, mortgage payments that go unpaid eventually can put the home into foreclosure. Most mortgage companies allow payments to be made from anyone. Until the estate has gone through the necessary court process, the mortgage company does not have to give access to the account or transfer the ownership of that mortgage. The bank can foreclose on the property and sell it in order to recoup the money. This is typically the next step if someone does not pay off the mortgage loan of the property, or make payments. It requires either probate or an Executors deed, to clear up these issues.

In Texas a Community property state, when someone passes without a will, their estate goes to their spouse and their children. This can get complicated when four to five people are involved. It is important to locate your parents will, and make sure their will is valid. Call us and we can help you with either of these issues.

Depending on if there was a will or was not a will determine the first step you need to take to transfer ownership of property after the death of a loved one. We normally will ask for a copy of the will, to make sure it’s validity and get you started. Or if there was not a will, we can consult you on determining if you need to go through the court process or not. We do zoom meetings for your convenience to help answer your questions regarding your loved one’s estate.

View Other Types of Deed Transactions

Maas Law Firm, Texas Real Estate Attorney

We are a San Antonio Real Estate Law firm that offers fixed fee rates for a variety of legal transaction services, including Owner Finance & Wraparound Closings, Foreclosures, Deeds & Releases, Real Estate Contracts, Title Issues & Judgments, Wills & Estates, Probate & Administration, & LLC Formations. If you need help assessing your case give our office a call. 

Victor has been doing real estate transactions as a lawyer since 2002 & as an investor himself since 2003. There are a lot of nuances with real estate & we hope that if you have any questions to contact us during regular business hours. Along with being a Real Estate Attorney, Victor is also a Real Estate Broker, making his expertise long standing & efficient. 

Michael Eronini
Michael Eronini
Read More
Victor has closed a bunch transactions for us. Very knowledgeable & efficient!
Mandy Molina
Mandy Molina
Read More
Mr. Maas is extremely professional & makes the process quick & painless. Thank you for helping me today. You're a blessing.
Alfredo Ibarra
Alfredo Ibarra
Read More
This lawyer knows his stuff & doesn’t back down from a fight!
JD GARZA
JD GARZA
Read More
Victor is a mover & shaker in the Real Estate Investment business...I recommend him anytime.
Previous
Next

Maas Law Firm, Texas Real Estate Attorney

We are a San Antonio Real Estate Law firm that offers fixed fee rates for a variety of legal transaction services, including Owner Finance & Wraparound Closings, Foreclosures, Deeds & Releases, Real Estate Contracts, Title Issues & Judgments, Wills & Estates, Probate & Administration, & LLC Formations. If you need help assessing your case give our office a call.  Victor has been doing real estate transactions as a lawyer since 2002 & as an investor himself since 2003. There are a lot of nuances with real estate & we hope that if you have any questions to contact us during regular business hours. Along with being a Real Estate Attorney, Victor is also a Real Estate Broker, making his expertise long standing & efficient. 
Michael Eronini
Michael Eronini
Read More
Victor has closed a bunch transactions for us. Very knowledgeable & efficient!
Mandy Molina
Mandy Molina
Read More
Mr. Maas is extremely professional & makes the process quick & painless. Thank you for helping me today. You're a blessing.
Alfredo Ibarra
Alfredo Ibarra
Read More
This lawyer knows his stuff & doesn’t back down from a fight!
JD GARZA
JD GARZA
Read More
Victor is a mover & shaker in the Real Estate Investment business...I recommend him anytime.
Previous
Next

Maas Law Firm, Texas Real Estate Attorney

We are a San Antonio Real Estate Law firm that offers fixed fee rates for a variety of legal transaction services, including Owner Finance & Wraparound Closings, Foreclosures, Deeds & Releases, Real Estate Contracts, Title Issues & Judgments, Wills & Estates, Probate & Administration, & LLC Formations. If you need help assessing your case give our office a call. 

Victor has been doing real estate transactions as a lawyer since 2002 & as an investor himself since 2003. There are a lot of nuances with real estate & we hope that if you have any questions to contact us during regular business hours. Along with being a Real Estate Attorney, Victor is also a Real Estate Broker, making his expertise long standing & efficient. 

Contact

Fields marked with an * are required

Directions

Located on IH-10 Between Huebner & De Zavala off Woodstone: 11815 W IH-10 #107, San Antonio, TX 78230

Directions

Located on IH-10 Between Huebner & De Zavala off Woodstone: 11815 W IH-10 #107, San Antonio, TX 78230

Contact

Fields marked with an * are required

Directions

Located on IH-10 Between Huebner & De Zavala off Woodstone: 11815 W IH-10 #107, San Antonio, TX 78230

Loading...