Definition of "Administrator’s Deed"

Veronica Bedell-Nevels real estate agent

Written by

Veronica Bedell-Nevelselite badge icon

Priority Plus Realty Inc.

When a person dies, a distribution of their estate takes place. The estate’s distribution is done through deeds depending on whether or not the deceased left a will. Two types of deeds are used to administer the estate of a deceased individual. Both usually need to be prepared by the individual responsible for the estate, be it an administrator or executor, and be officially worded. Also, for a deed to be legally binding, it has to be witnessed and legally notarized.

What is an Administrator’s Deed?

When a loved one dies, a will might be left to distribute their estate according to their desire. The executor’s deed will follow and state its conformity to the Will left behind by the deceased.

However, if a Will wasn’t completed or found invalid by a court, the Probate Court appoints an administrator of an estate. The administrator’s deed is a legal and binding document used to transfer property in the absence of a Will.

Once all the other responsibilities related to the intestate’s estate were fulfilled, and the estate administrator has knowledge about all the remaining assets of the estate, they have to prepare the administrator’s deed. Within this deed, they must explain why he/she decided to distribute the remaining assets in that way. 

Before the whole process is finalized and the Administrator’s Deed releases and distributes the  estate’s remaining assets, family members have no claim to it. 

An estate administrator must be careful not to release any remaining property to the beneficiaries too soon. The remaining property should be used to cover any potential debts of the deceased. Assigned too soon or before the debts have been paid in full could incur contingencies or the need to come up with the money on short notice.

 

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Comments for Administrator’s Deed

Yvonne Yvonne said:

Administrator of estate, sister was owner of the house, both parents died, only one other sibling that signed a waiver of rights to the house. How do I have the deed changed into my name only?

Jul 25, 2022  18:15:21

 
Real Estate Agent

Hey Yvonne! Thank you for reaching out to us. If I understand the situation correctly, you are the appointed administrator of the estate your sister owned, and you have one other sibling that waived their right to the estate. If this is the case, as the estate administrator, you could have the right to transfer the property to your name by applying for the certificate of transfer of real property with the probate court. However, you need to understand that aside from the fact that probate procedures can be complicated, laws can differ by state or municipality.

This information is general, based on the limited information provided. You should not consider this legal advice, and I suggest you consult with an attorney on this matter.

Jul 28, 2022  10:58:31
 
 
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