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An executor's deed is used when a personal representative or administrator appointed by the Probate Court transfers property from the decedent's estate. For example, the court may instruct the estate's personal representative to sell the property to pay the estate's debts.
The person dealing with the estate of the person who has died is called an executor or an administrator. An executor is someone who is named in the will as responsible for dealing with the estate. An executor may have to apply for a special legal authority before they can deal with the estate.
For an individual to execute a Deed validly, they must sign the Deed in the presence of a witness, who must 'attest' the signature. The individual's name must be clearly stated.. The witness' details must be clearly recorded and this must include their signature, name and address.
An executor's deed is used to transfer real property from the estate of a deceased person to an heir pursuant to the terms of a will. It is similar to an administrative deed, which is used when a person dies without a will.
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