I talked to a friend of mine today who is an Independent Executor of his mother's will, which has been probated. He is under the impression that he and his siblings now have title to the land (and all minerals) that she left them in equal shares in her will.
Doesn't my friend have to execute a Special Warranty Deed as Independent Executor to his sisters and himself in undivided interests to transfer the title to the land their mother owned and willed to them? (Then they will be able to lease their minerals whenever the current lease expires.)
Dear 6th Gen
From what I am reading, title to the properties is in the Estate. There they will stay until conveyed out. I have seen instances in the Final Decree where all properties are conveyed by court fiat. More smarter people than me will have to comment.
Your executor friend should have some probate lawyer helping him through the process. He needs to talk to his own attorney for advice and guidance.
I am in a similar situation as Co-Executor of our mother’s Estate. We have two situations. One is distributing the inherited lands (surface estates) and secondly, the producing minerals to the beneficiaries as specified in the Will. A Special Warranty Deed is required to distribute both producing mineral and surface estate properties and have those instruments recorded in the County where the producing minerals and properties are located. In our case we had our Estate Attorney prepare the distribution deeds and have those filed and recorded. Once the producing mineral properties are filed and recorded then the Oil and Gas Companies will require a copy of the Will, Order Admitting Will to Probate, copy of the distribution deed, Letters Testamentary, and Death Certificate. Whew! Then the transfer of ownership interest should be transferred to the beneficiaries.
In Lieu of an Executor’s Deed, those properties listed in the inventory of the estate or included as residue are conveyed to the beneficiaries by the Order sending the Will to probate. If certified copies of the Last Will and Testament, The Application for Letters Testamentary, The Order admitting Letters Testamentary, the inventory and appraisement and the letter from the IRS showing all taxes paid are filed in the counties where the lands are located, these documents serve as a muniment to title to the said lands. An Executor’s Deed is preferable.
Thank you for the response. The problem is thatt he attorney representing my friend in the estate matters never mentioned a transfer deed Now that all of the cash has been distributed to all of the heirs, my friend doesn’t want to spend any more money on legal fees.
Buddy Cotten said:
Dear 6th Gen
From what I am reading, title to the properties is in the Estate. There they will stay until conveyed out. I have seen instances in the Final Decree where all properties are conveyed by court fiat. More smarter people than me will have to comment.
Your executor friend should have some probate lawyer helping him through the process. He needs to talk to his own attorney for advice and guidance.
Thanks Mike.
Mike Igau said:
I am in a similar situation as Co-Executor of our mother's Estate. We have two situations. One is distributing the inherited lands (surface estates) and secondly, the producing minerals to the beneficiaries as specified in the Will. A Special Warranty Deed is required to distribute both producing mineral and surface estate properties and have those instruments recorded in the County where the producing minerals and properties are located. In our case we had our Estate Attorney prepare the distribution deeds and have those filed and recorded. Once the producing mineral properties are filed and recorded then the Oil and Gas Companies will require a copy of the Will, Order Admitting Will to Probate, copy of the distribution deed, Letters Testamentary, and Death Certificate. Whew! Then the transfer of ownership interest should be transferred to the beneficiaries.
Thank you James for the information.
James H. McConnell, CPL said:
In Lieu of an Executor's Deed, those properties listed in the inventory of the estate or included as residue are conveyed to the beneficiaries by the Order sending the Will to probate. If certified copies of the Last Will and Testament, The Application for Letters Testamentary, The Order admitting Letters Testamentary, the inventory and appraisement and the letter from the IRS showing all taxes paid are filed in the counties where the lands are located, these documents serve as a muniment to title to the said lands. An Executor's Deed is preferable.
Thank you Christy. I will pass the information along to my friend.
Christy Armstrong said:
I can get you an heirship and make sure you have all the necessary paperwork. Please call me at (817) 262-7320 - Christy Armstrontg