This form is an Executor's Deed of Distribution where the Grantor is the executor of an estate and the Grantee is the beneficiary entitled to the property according to the Will. Grantor conveys the described property to the Grantees. The grantor warrants the title only as to events and acts while the property is held by the Executor. This deed complies with all state statutory laws.
Bexar Texas Executor's Deed of Distribution - Individual Executor to Individual Beneficiary
Category:
State:
Texas
County:
Bexar
Control #:
TX-01-84
Format:
Word;
Rich Text
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How to fill out Texas Executor's Deed Of Distribution - Individual Executor To Individual Beneficiary?
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FAQ
The executor may also be a beneficiary of the Will, though he or she must treat all beneficiaries fairly and in accordance with the provisions of the Will. The duties of an independent executor are those of a trustee. He holds property interests, not his own, for the benefit of others.
Therefore, an executor of a will can be a beneficiary, and in reality, the main beneficiary of the estate is often one of the executors. As a result, it is both perfectly legal and commonplace to name the same person as an executor and a beneficiary in a will.
An executor or administrator of an estate shall take care of estate property as a prudent person would take of that person's own property, and if any buildings belong to the estate, the executor or administrator shall keep those buildings in good repair, except for extraordinary casualties, unless directed by a court
Unless the will explicitly states otherwise, inheriting a house with siblings means that ownership of the property is distributed equally. The siblings can negotiate whether the house will be sold and the profits divided, whether one will buy out the others' shares, or whether ownership will continue to be shared.
Under the Texas Estates Code, the standard compensation is a five (5%) percent commission on (1) all amounts that the executor or administrator receives; or (2) pays out in cash in the administration of the estate (the Texas two-step on executor compensation).
The executor can sell property without getting all of the beneficiaries to approve. However, notice will be sent to all the beneficiaries so that they know of the sale but they don't have to approve of the sale.
The executor will notify all creditors about the person's death and validate any claims before paying them to ensure that they are legitimate debts. Other duties include: Filing tax returns for the decedent and the estate and paying any taxes due. Notifying the Social Security Administration regarding benefits payments.
Since the heirs own the real estate when the decedent dies, all the heirs must join in selling the property, including signing the real estate contract, deed of sale and other documents incidental to a sales transaction.
Technically speaking, there aren't any legal beneficiary rights, as such. What they do have is the ability to force the executor to perform their duties, and with that comes the understanding that beneficiaries can't act on behalf of the executor. They don't have the same authority.
The Will will also name beneficiaries who are to receive assets. An executor can override the wishes of these beneficiaries due to their legal duty. However, the beneficiary of a Will is very different than an individual named in a beneficiary designation of an asset held by a financial company.