Q: Our Mom passed last year. My brother and I are trying to transfer the property to our name.
She has a will and left mecas executor. We have been to probate court in Rockdale County where she lived, and they send us to real estate. Where do I go to have the deed transfered? Thank you.
A: The testator (i.e., person who makes a will) states who she wishes to be appointed executor of the will. However, it is the Probate Court which actually appoints the executor. If your mother owned real estate, you will need to file a petition to probate the will and be appointed executor. After being appointed executor by the Probate Court, you then would have the authority to administer the estate. As executor, you would have certain obligations to fulfill before distributing property of the estate. Assuming that the obligations of the estate are satisfied, you would need to have a deed prepared to transfer the property to the beneficiary specified in the will. I recommend that you consult with a probate attorney to assist you with this matter.
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