Austin, TX asked in Probate for Texas

Q: Regarding the extent of an Executors "authority"

The Will states persons A, B and C will inherit a house in equal shares. The Distribution Deed, signed by the Executor (which is also person A) shows A, B and C as the "Grantees". Once that Deed is processed (county? state?), and A, B, and C are the "owners", does "A" (the Executor) have any "right" to determine what is done with the property? Or, is it now "privately-owned property", and persons A, B, and C (without input from the "Executor") get to decide among themselves what to do with the property? In other words, at what point does an Executor no longer have "say" in the matter, and the choice of what to do with the house simply become a decision of owners A, B, and C (with "A" no longer in role of Executor)?

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Probate Lawyer
  • Crossville, TN

A: That is a good question. After the property is distributed (deeded) to A, B and C, the executor is longer in charge of the property. A, B and C are in charge, and everything they do must be unanimous. But any one of them can force a sale by going back to court if he or she is no longer interesting in owning. If one or two want to sell and the other(s) don't, then the ones who do not want to sell usually find it to be in their best interest(s) to buy out the one(s) who want to sell without having to go to court.

Teri A. Walter agrees with this answer

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