0
What is the difference between an Executor's Deed and an Administrator's Deed?
Wiki User
∙ 14y ago
Although their duties and responsibilities are similar, an executor is appointed by the probate court to administer the estate of a person who left a will (testate estate). The court issues Letters testamentary in the name of the executor and those letters provide the legal authority to act on behalf of the estate in all matters. Often the executor is named in the will. However, anyone can be appointed the executor but the wishes of family will be given priority.
An administrator is appointed by the probate court to administer the estate of a person who died without a will (intestate estate). The court issues Letters of Administration and those letters provide the legal authority to act on behalf of the estate in all matters. Only a qualified person can be appointed as an administrator and those qualifications are set forth in state laws. Included are creditors of the decedent.
In either case, the executor or administrator must petition the probate court for appointment.
The terms are different because an executor is executing the decedent's directions as stated in the will. The administrator is simply administering the estate according to state laws.
Wiki User
∙ 13y ago
Wiki User
∙ 14y agoBoth deeds transfer the interest of the decedent to the new owner as long as the grantor was duly appointed by the court and had the power to convey the real estate. The executor's deed issues from a testate estate or where the decedent had a will. The administrator's deed issues from an intestate estate or where the decedent had no will.
Add your answer:
Earn +20 pts
What is the difference between a Deed of Undertaking and a Deed of Assignment?
deed of undertaking
What is difference between freehold premises and premises on sale deed?
it is a liability..
What is the difference between a Limited warranty and sheriffs Deed?
The difference is that a Limited warranty only offers warranty on objects that are labeled 87SQ-7681Qa76T. Sheriffs Deed is a deed that indicates your right for a object labeled QW786289-27252T.
What is the difference between warranty deed and mineral deed?
A mineral rights conveyance involves the minerals below the surface of the land, not the surface land itself.
What is the difference between a deed and an instrument?
In this sense an instrument is a written legal document that defines rights, duties, entitlements or liabilities such as a deed, contract, will, easement agreement, mortgage, etc. A deed is an instrument.
Do you need an executors deed in NJ when you have already probated the will and you are both the sole beneficiary and executor?
No. If the estate has been probated and the file is closed then the owners by inheritance can convey the property by a deed that cites the probate as their source of title. An attorney who specializes in conveyancing should draft the deed.
Does community property law over ride an executors deed?
Yes, community property takes precedence. The estate cannot do something with property that does not belong to them.
Difference between a special warranty deed and a general warranty deed?
Both general warranty deeds and special warranty deeds can be used for real estate sales where a property is transferred between parties unfamiliar with each other. The difference is the extent of the coverage of the warranty.
Insturctions on filling out straight note secured by deed of trust?
What is the difference between a straight note and a promissory note:
What is an executors deed?
An executor's deed is a deed executed by the executor of an estate when the executor conveys the real estate owned by the decedent. The executor must have the authority to convey. Laws vary but generally, if the authority is not granted in the will then the executor must petition the court for a license to sell real estate. Unless the executor has authority under the law, in the will or by a license their deed would be null and void.
Can a subsequent deed be recorded against the estate without the Executors knowledge?
It wouldn't make any sense to do so. The executor is the only one with authority to deal with the real property. To file the deed without their knowledge would prevent the property from being resolved.
More than one executor?
The are called co-executors and the will should specify if they can act individually. Otherwise, anyone accepting a signed document such as a deed from the estate will insist that both sign.
