What is an executor’s deed?
An executor’s deed is a document used to transfer property from a deceased person’s estate to heirs or designated beneficiaries of a will. The deed is a legal document, and must be notarized in order to be legally binding in the state of New Mexico. It is typically signed by the executor of the estate, or by a court appointed administrator if there is no executor. In order to prepare an executor’s deed, the executor must have a copy of the decedent’s will as well as a certified copy of the death certificate. The deed must include the legal name of the deceased as recorded on the death certificate, the name of the property grantee, and the property description. It must also include the date of death and the date of probate, sometimes called the “date of issue”. The executor must also verify that the individual receiving the deed is in fact the named beneficiary in the will. They must also make sure that the transfer is in accordance with state law, and that the deed is recorded with the proper county or city recorder’s office. Once the deed is signed and notarized, the executor can submit the original copy to the proper county or city office for filing. Executor’s deeds are important for estate planning and asset transfers, and must be properly drafted and executed in order to be legally binding in the state of New Mexico.
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