The Texas Statutes cover the rules for selling a decedent's property from a probate estate in Chapter 356 of the Estates Code.

When a will is admitted to probate, the court officer authorizes an executor to manage, and eventually close, the estate. Among other duties, this involves identifying the assets and liabilities, paying the bills, and distributing property according to the terms specified in the will.

Many estates contain real property. Depending on the circumstances, the executor might transfer the title to heirs as directed in the decedent's will or sell the property outright. In any case, the executor must issue a deed for the transfer. Note that executor's deeds do NOT typically include a general warranty on the title. The executor may offer a special warranty, meaning that he has the right to sell the property, and will only defend the title against claims on his actions.

An executor's deed is used by executors who are authorized by the Probate Court to transfer real property out of an estate. These instruments must meet the same requirements as a warranty deed or quitclaim deed, plus include additional information about the probate case. Sometimes, the executor must also include supporting documentation such as copies of the letters testamentary, the will, signatures from heirs or beneficiaries, etc.

Settling probate estates can be complicated, so take the time to understand the issues. Before buying or selling real property from an estate, review all the risks and benefits, and contact an attorney with questions.

(Texas Executor Deed Package includes form, guidelines, and completed example)

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Executor Deed

Distribute inherited property among multiple heirs
Convey property as directed by a will or court order
Provide proof of trust existence without disclosing trust terms
Distribute real estate to beneficiaries of an estate

Compare other Texas deed forms and documents

General Warranty Deed (Individual Grantor) General Warranty Deed (Joint Grantors) General Warranty Deed with Vendor Lien (Individual Grantor) General Warranty Deed with Vendors Lien (Third-Party Lender) Deed Without Warranty Gift Deed Without Warranty Gift Deed Special Warranty Special Warranty Deed (Individual Grantor) Special Warranty Deed (Joint Grantors) Grant Deed (Individual Grantor) Grant Deed (Joint Grantors) Quitclaim Deed Correction Deed Transfer on Death Deed (Individual) Transfer on Death Deed (Joint Owners with Right of Survivorship) Transfer on Death Deed (Community Property with Right of Survivorship) Community Property Survivorship Agreement Revocation of Community Property Survivorship Agreement Enhanced Life Estate Deed Revocation of Transfer on Death Deed (Individual) Revocation of Transfer on Death Deed (Joint Owners) Affidavit of Death (Transfer on Death Deed Beneficiary) Easement Deed Termination of Easement Administrator Deed Affidavit of Heirship Trustee Deed Certificate of Trust Disclaimer of Interest Mineral Deed Mineral Quitclaim Deed Specific Power of Attorney for the Purchase of Property Specific Power of Attorney for the Sale of Property Statutory Durable Power of Attorney Demand for Payment Notice of Contractual Retainage Notice of Specially Manufactured Materials Preliminary Notice to Original Contractor Preliminary Notice to Owner and Original Contractor Affidavit of Lien Request for Information from Owner Request for Information from Subcontractor Request for Information from Original Contractor Conditional Waiver and Release on Progress Payment Conditional Waiver and Release on Final Payment Unconditional Waiver on Progress Payment Unconditional Waiver on Final Payment Release of Lien Contract for Deed Memorandum of Contract Deed of Trust and Promissory Note Release of Lien - by Deed of Trust and Note Appointment of Substitute Trustee for Deed of Trust Assignment of Deed of Trust Collateral Assignment of Note and Liens (Security Agreement) Release of Collateral Transfer of Note and Lien Collateral Assignment of Leases, Rents and Rights Release of Collateral Assignment of Leases and Rents Lis Pendens Lis Pendens Release

Important: County-Specific Forms

Our executor deed forms are specifically formatted for each county in Texas.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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