Legal Question in Real Estate Law in New Jersey

Re: Transfership of Agreement

If you have been appointed Executor, you simply do a Bargain and Sale Deed, from the Estate (Executor) to you as beneficiary of the Estate. This gets recorded with the Register of Deeds for the County where the property is located. Additional forms need to be included, so I suggest you contact the Register to be sure all required forms are properly prepared.

Re: Transfership of Agreement

If there is no estate process (concerning this property) before the court, that specifically instructs you to use a particular format. You should follow your title, abstract and mortgage company instructions re the Deed and process you should use to transfer title. Your should also have a lawyer.

Good luck,

Phroska L. McAlister,ESQ

Re: Transfership of Agreement

Is this a New York matter?

I believe that you mean a "bargain and sale deed." But what Court are you referring to? If there is a Will and the matter is in Surrogate's Court, I don't know why an "Executor's Deed" has not been mentioned.

Re: Transfership of Agreement

You have not been advised well by the court. The appropriate form is an "executor's deed" which is a special form of a quitclaim deed.

First, in order for there to be a transfer of the real property, the estate must be admitted to probate. This is true unless the property passes by operation of law as would be the case between spouses who hold as "tenants by the entirety" and other "joint tenants."

When the property passes into the decedent's estate, it is necessary for the personal representative (executor or executrix) to dispose of it. He/she does this according to the will or intestate provisions of statute by an "executor's deed." Essentially, that deed says: "I am the executor of the estate of __. I deed this property to __ in settlement of the estate making no promises whatever as to title or otherwise except for my faithfulness and diligence in performing my duties as executor." That is the most that you can expect of an executor.