Executing Executors

​An executor is a person chosen by the decedent to administer his/her estate upon death. A female executor may also be referred to as an executrix. Often in a will, the decedent will give the executor(s) power to sell his/her property. This allows them to pay off any debts or to more easily distribute the estate to the beneficiaries of the will.

If you find of record an executor’s deed in which he/she conveyed interest to a third party on behalf of the estate, the notes in your runsheet relating to the probate case should primarily focus on the powers given to the executor (specifically the power to sell), rather than just listing out heirs. In such a situation, the heirs never actually received title to the property, just the money from the sale. 

The exception to my recommendation, however, is if you find quitclaim deeds of record in which heirs of the decedent quitclaimed their interest in the property. Although the heirs still didn’t receive title, they quitclaimed their interest to make it clear that they gave up any claim to the property. In that situation, you would want to point out their relationship to the decedent so it is clear from where any perceived or potential interest came.