Q: Hello! I just found out there is something called an executor's deed while looking at the Ex Parte form.
Real property is being transferred through probate. We are planning to file:
-the Order for Final Distribution (which would be considered a receipt)
-a Grant Deed (this is also needed to officially change the title correct?)
With the county recorder office.
Can we still use a grant deed? I already filled out a sample one, which was straightforward. There also seem to be variations of the Executor's deed so it's somewhat confusing. If we have to draft an executor deed, does this have to be notarized as well? Thank you!
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A:
In California probate cases, you actually need an Executor's Deed rather than a Grant Deed to transfer real property - this is the proper legal instrument for transferring property through probate.
The Order for Final Distribution provides the legal authority for the transfer, but the Executor's Deed is the document that officially conveys title from the estate to the beneficiaries. Yes, the Executor's Deed must be notarized, just like other property transfer documents. The notarization helps prevent fraud and ensures the deed will be accepted for recording.
While there are different variations of Executor's Deeds, the basic requirements include identifying the executor, the deceased person's estate, the beneficiary receiving the property, and the property description. You can find standard California Executor's Deed forms through legal document services or your local county recorder's office - these will have the correct format and language required by California law. Consider having an attorney review the deed before recording to ensure everything is properly completed.
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