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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.
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.
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.
The executor can sell property without getting all of the beneficiaries to approve.If the executor can sell the property for more than 90 percent of its appraised value then they do not need to get the permission of the beneficiaries or of the court.
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.
Depending on the circumstances, the executor might transfer the title to heirs as directed in the decedent's will or sell the property outright.In any case, the executor must issue a deed for the transfer. Note that executor's deeds do NOT typically include a general warranty on the title.
Now, people can convey clear title to their property by completing a transfer on death deed form, signing it in front of a notary, and filing it in the deed records office in the county where the property is located before they die at a cost of less than fifty dollars.