An executor's deed is a deed executed by the executor of an estate when the executor conveys the real estate owned by the decedent. The executor must have the authority to convey. Laws vary but generally, if the authority is not granted in the will then the executor must petition the court for a license to sell real estate. Unless the executor has authority under the law, in the will or by a license their deed would be null and void.
No. If the estate has been probated and the file is closed then the owners by inheritance can convey the property by a deed that cites the probate as their source of title. An attorney who specializes in conveyancing should draft the deed.
Yes, community property takes precedence. The estate cannot do something with property that does not belong to them.
It wouldn't make any sense to do so. The executor is the only one with authority to deal with the real property. To file the deed without their knowledge would prevent the property from being resolved.
The are called co-executors and the will should specify if they can act individually. Otherwise, anyone accepting a signed document such as a deed from the estate will insist that both sign.
co-independent executors
All executors have the right to see the will, they cannot execute it if they do not have access to it.
In the UK: Assuming the person whose will it is has already passed away you need to create (or have created) a deed of renunciation and hand that to the beneficiaries or other executors.
Executors do not get the money, it goes to the estate. The executors distribute the estate per the will or laws of intestacy.
Executors don't appoint executors. The court appoints them.
My husband and I are executors of a will and want to cancel this.
Generally, if two executors are named in the will and then appointed by the court as co-executors they must act together unless the will provides that either can act alone.
The executors that are appointed by the court. The court will issue a letter of authority to the appropriate executor(s).