Legal Question in Wills and Trusts in Georgia

i am excuter of the will of my mothers will and she passed in 2008 and i want to do a quick claim deed. My question is how can i do it if she has passed.


Asked on 2/14/11, 4:15 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

First of all, there s no such thing as a quick claim deed (perhaps you meant quitclaim?). Second of all, such a deed is NOT how an Executor (I assume that is what you meant) transfers property. Before transfering any property, you need to hire a lawyer, complete probate, advertise to creditors and then act pursuant to the will, usualy by an assent.

Step one, as I said, is hire a lawyer.

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Answered on 2/14/11, 6:57 pm
Robert Thompson J. Robert Thompson Attorney

An Executor cannot convey property by quitclaim. Step one is to probate the will, if you have not done so.

From there, it depends on who you are conveying the property to.

If you are selling it to an outsider, you will either have to be given the power to so by the will, or you will have to ask the probate court to approve the sale (or to grant you the power to sell). You would then execute an Executor's Deed, reciting your authority to sell.

If you are conveying the property to the person or persons designated to receive it under the will, you must first make sure all of your mother's debts are paid (and also advertise for creditors to submit claims, and wait out the period for them to submit claims), and then execute an Executor's Deed of Assent, reciting the will provision under which you are acting.

Retaining a lawyer for this process is highly recommended.

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Answered on 2/15/11, 8:11 am


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