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Ely
Ely, Counselor at Law
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Experience:  Fully licensed attorney in Texas in private practice.
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Our Mother past without a will. There are 12 beneficiaries

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Our Mother past without a will. There are 12 beneficiaries we are all in agreement to change the Deed from Mother's name to all of being on the Deed. How do we do this?
Submitted: 9 months ago.
Category: Estate Law
Expert:  Ely replied 9 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your loss. Allow me to explain how probate works and then I will focus specifically on the question itself.

When someone passes away, then their estate has to be distributed. The problem is that without probate - with assets such as titled property or bank accounts - this is hard to do. This is because you cannot switch over the assets without an order from the probate court, and simply a Certificate of Death will not do. A Certificate of Death simply states that someone has passed on, but does not give you the right to really do anything in the deceased's name.

So one files probate. Once probate is filed, the Executor of the estate gets something called a Letter of Testament/Administration (hereinafter "Letter"). This Letter will allow the Executor to switch over the assets from the deceased individual to whoever will own the property. It is like a "Power of Attorney," but from the Court. Without that Letter, there is no way to transfer titled property and switch the assets into beneficiaries' hands.

Now:

Our Mother past without a will. There are 12 beneficiaries we are all in agreement to change the Deed from Mother's name to all of being on the Deed. How do we do this?

1) Have all parties sign off on an agreement in writing that they agree to share the property as equal owners (or whatever the agreement is);

2) Once the letters are received, the Administrator files an Executor's Deed with the Recorder of Deeds in the county where the property is. For a sample copy of it it, see here (warning; immediate download). The deed takes the property out of your mother's name and puts it into the names of the beneficiaries;

3) Along with the executor's deed, the administrator also shows the Recorder of Deeds clerk the Letters that entitle them to file this executor's deed.

4) Once this is done, then the beneficiaries are now on the deed to the property.

I hope this helps and clarifies. Good luck.

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Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 86560
Experience: Fully licensed attorney in Texas in private practice.
Ely and 11 other Estate Law Specialists are ready to help you
Expert:  Ely replied 9 months ago.
D,

Apologies, please try the link for a sample copy here.
Expert:  Ely replied 9 months ago.
Thank you for your gratuity.

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