A Personal Representative appointed informally by the Probate or District Court has legal authority to manage or sell real property, follow the terms of a Will, and to transfer title to it via a “Personal Representative’s Deed” from the estate to the heirs or new owner(s).
Signing & Recording
The signing and recording of the Personal Representative’s Deed is the act that officially transfers the title of real estate. The filing of the Probate and appointment of the Personal Representative grants the legal authority for the Personal Representative to transfer title on behalf of the Estate.
It is the Personal Representative’s responsibility to have this deed prepared, signed, acknowledged before a notary public, and properly recorded. Filing a copy of the deed in the court case file is optional.
Deeds from Personal Representative’s to themselves are voidable without the written consent of any person with an interest in the estate. Title companies sometimes also require a court order allowing the transfer.
The Personal Representative should consider seeking professional advice from an attorney, surveyor, or title company to ensure that the legal description contained in the Personal Representative deed is accurate.
The general rule is that change of title to real property (i.e., the deed) must be recorded in the clerk’s office of the county of the state where each piece of real property is located.