What Is an Executor in Real Estate?
An executor is the person appointed in a will to manage the estate, including real estate, after someone dies. The executor handles probate, pays debts, and transfers property to the rightful heirs.
Executor: Simple Real Estate Definition
An executor is the court-approved person responsible for managing and distributing a deceased person’s real estate and other assets. They follow the instructions in the will and oversee the legal steps required for property transfer.
Executor vs. Executrix: What’s the Difference?
The term executrix is an older, gender-specific word referring to a female executor.
Today, the universally accepted term is executor regardless of gender. Courts, probate attorneys, and real estate professionals rarely use “executrix” anymore, but both terms mean the same role and responsibilities.
What an Executor Does in Real Estate
An executor plays a central role in handling real estate during probate. Their duties typically include:
- Locating and securing property owned by the deceased.
- Managing or maintaining the home during probate.
- Paying property taxes, mortgages, or utilities until the estate settles.
- Determining the property’s value (often through appraisal).
- Transferring the deed to beneficiaries after court approval.
- Selling real estate if needed to settle debts or distribute assets.
The executor must follow state probate laws and the instructions in the will.
How Executors Handle Probate for Real Estate
Real estate does not pass to heirs automatically. It must go through probate, where the court validates the will and authorizes the executor to act.
During this process, the executor may need to:
- File probate documents with the court
- Provide an inventory of estate assets
- Address debts, liens, or taxes on the property
- Obtain court approval before selling the home
- Record new deeds once real estate is transferred
Some estates involve a probate sale if the property must be sold.
Executor vs. Trustee in Real Estate
An executor and a trustee both manage assets, but they serve different roles:
- Executor: Handles property through probate after death, following the will.
- Trustee: Manages property placed in a living trust or testamentary trust.
Executors work with the court; trustees usually do not.
Handling a Probate Property?
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- What Is a Will?
- What Is Probate?
- What Is a Probate Sale?
- What Is Intestate Succession?
- What Is a Testamentary Trust?
- What Is Conveyance of Title?
Browse more definitions in our Real Estate Glossary.
