QUESTION

How do I sign a grant deed transferring my deceased sister's home to my name when I am the executor with power of sale?

Asked on Aug 11th, 2014 on Estate Planning - California
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4 ANSWERS

Edwin K. Niles
Assuming that the will leaves the property to you, you won't need a deed, but rather a (recordable copy of a) court order transferring the property upon close of probate. If you are already the executor, probate must be in progress. Why not ask your attorney? If, on the other hand, you are merely named as executor in a will, you must lodge the will with the court within 30 days of death, and then file a petition for probate. This is a complicated procedure, and we do not recommend trying to do it yourself. An executor is someone who is named in a will, and cannot act until the court confirms the will and issues Letters Testamentary. If there is no will, the person handling the probate is called an administrator.
Answered on Aug 13th, 2014 at 4:51 PM

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Probate Attorney serving Roseville, CA
Partner at James Law Group
2 Awards
You cannot transfer the property until the probate is complete and the court orders the transfer. If you have not opened probate, see an attorney.
Answered on Aug 13th, 2014 at 2:10 PM

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Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
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You will need to file for a probate and obtain an order from the court to transfer title to you. If you have a durable power of attorney, then that power is no longer durable as she died, and the power expired with death.
Answered on Aug 13th, 2014 at 11:58 AM

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You probably will have to open a probate in order to be appointed by the court administrator of the estate and then you can give notice of the distribution of the property as an asset of the estate. See the Nolo Press books on the subject of how to do a probate.
Answered on Aug 13th, 2014 at 9:28 AM

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