Submitted by capeartist on Fri, 03/18/2011 - 11:39
Posted in
I was named as executor of my father's estate, and later my brother was added. Do I need to have his signature as co executor to transfer or sell real estate? He has done no work so far, and I am the only one signing any accounts, stock transfers, tax returns etc. I never needed his signature for any of these things. The properties have no mortgages. Tax lien releases have already been issued. I would like to be able to move on with my duties without him holding things up.
tranfer of real estate in probate.
For this, and your other question, you should talk to your probate attorney. However, in general, real estate in an estate vests in the devisees pretty much automatically without any action by the executors. Once the first and final account is allowed, it is owned by the beneficiaries. There is no need for a deed (although that works as well). If he will not participate in the final account, then there is a motion (motion to render account) to force the executors to file the account – there is no need to even show up in court because it is an automatic motion. The court sends the executors an order automatically. Good luck