Legal Question in Wills and Trusts in Georgia

Please post again with specifics. Your post as posted makes no sense whatsoever.

I think that what you are asking concerns the transfer of real property that is the subject of the estate. Land generally passes to the beneficiaries named in the will or state intestacy laws. However, when someone passes away, the land cannot be conveyed by the heirs to anyone else while the estate is pending. This is because in theory the heirs cannot keep the property and not pay valid claims. There are exceptions as noted below. Where one of these exceptions apply, then the heirs can sell the property. Otherwise, they should wait until probate is complete as title is in the personal representative.

I assume the estate of the deceased is in GA; if not, then you need to check with a probate lawyer in the county/state where the estate is pending as each state has different laws. In NC for example, heirs cannot transfer any land within 2 years of the date of death unless the executor is a party to the transfer. So each state may handle it differently.

In answer to your question, the answer is no. Conveyance of land does not dismiss a personal representative (an executor or administrator). Once a personal representative is appointed, he or she stays in the job until either removed by the court, the person dies or resigns or the person completes the probate of the estate. Assuming that the person finishes administering the estate, the personal representative files a final accounting with the court. The clerk of court (or judge) then approves of the account after hearing any objections.

Below are some GA statutes which may be of help if the estate is in Georgia:

� 53-8-15. Passage of title to heirs or beneficiaries; assent of personal representative

(a) The title to all property of an estate being in the personal representative for the payment of debts and other purposes of administration, title to property in the estate does not pass to the heirs or beneficiaries until the personal representative assents thereto in evidence of the distribution of the property to them, except as otherwise provided in Code Section 53-2-7.

(b) Such assent may be express or may be presumed from the conduct of the personal representative. Assent should be evidenced in writing as a deed of conveyance to real property, bill of sale conveying tangible personal property, or an assignment or transfer of interests in intangible personal property.

(c) In the absence of prior assent, the discharge of a personal representative shall be conclusive evidence of the personal representative's assent.

(d) At any time after the lapse of one year from the date of qualification of the personal representative, an heir or beneficiary who is entitled to the distribution of property from an estate may, personally or by guardian, cite the personal representative in the probate court to show cause why assent should not be given and may compel such assent by an equitable proceeding.

� 53-2-7. Vesting of title to property; right to possession

(a) Upon the death of an intestate decedent who is the owner of any interest in real property, the title to any such interest which survives the intestate decedent shall vest immediately in the decedent's heirs at law, subject to divestment by the appointment of an administrator of the estate.

(b) The title to all other property owned by an intestate decedent shall vest in the administrator of the estate for the benefit of the decedent's heirs and creditors.

(c) Upon the appointment of an administrator, the title to any interest in real property which survives the intestate decedent shall vest in the administrator for the benefit of the heirs and creditors of the decedent, and title to such property shall not revest in the heirs until the administrator assents to such revesting. For purposes of this Code section, the assent of the administrator shall be proved in the manner set out in Code Section 53-8-15.

(d) Upon the appointment of an administrator, the right to the possession of the whole estate is in the administrator, and, as long as administration continues, the right to recover possession of the estate from all other persons is solely in the administrator. The administrator may recover possession of any part of the estate from the heirs at law or purchasers from them; but, in order to recover real property, it is necessary for the administrator to show, upon the trial, either that the property which is the subject of the action has been in the administrator�s possession and without the administrator�s consent is held by the defendant at the time of bringing the action or that it is necessary for the administrator to have possession for the purpose of paying the debts, making a proper distribution, or for other purposes provided for by law. An order for sale or distribution, granted by the judge of the probate court after notice to the defendant, shall be conclusive evidence of either fact.

(e) If an order has been entered under Code Section 53-2-41 that no administration is necessary, or if the administrator has assented to the vesting of title in the heirs, the heirs may take possession of the property or may sue for possession of the property in their own right.

� 53-5-4. Recovery of property from bona fide purchaser for value

An executor acting under or any person claiming under a will offered for probate within the period described in Code Section 53-5-3 shall be permitted to recover from a bona fide purchaser for value:

(1) Property acquired from the heirs of the testator or anyone claiming through them, unless an order that no administration is necessary was entered prior to the purchase and the purchase occurred prior to the probate of the will;

(2) Property set aside in a year's support proceeding and acquired from the spouse or children of the testator or anyone claiming through them, unless the order granting year's support was entered prior to the purchase and the purchase occurred prior to the probate of the will; and

(3) Property acquired from the administrator of the testator's estate or the heirs of the testator or anyone claiming through them, unless the administrator was qualified prior to the purchase and the purchase occurred prior to the probate of the will.