Often when probating an estate, the disposition of the decedent’s property to a third party, non-heir will be necessary.  The executor may accomplish such a sale through the execution of an executor’s deed.  An executor’s deed is a deed used by an executor to convey or transfer property out of the estate of a person who died with a will.  An executor’s deed should contain the following information:

• Executor’s name;
• Language that the executor is conveying the property in his capacity as executor;
• The name of the decedent (the person who died and left the will);
• Language that the deed is being executed pursuant to the terms of the will;
• Language that the will has been offered for probate;
• The legal description of the property being conveyed; and
• The signature of the executor.

The heirs of the decedent should also execute a Quitclaim Deed deed in conjunction with the executor.  This will prevent future challenges to the conveyance by the heirs. An executor’s deed should be recorded in the real estate records of the county in which the property being conveyed is located.

Mississippi Code Ann § 91-7-187. Sale of land in preference to personalty provides that the executor must petition the court for the authority to sell decedents property holding that:

When the estate of any deceased person consists of real and personal property and it shall be necessary to sell a portion thereof, the chancery court, on petition of the executor, administrator, legatees or distributees, being satisfied that it would be to the interest of the distributees or legatees, may decree a sale of the real estate in preference to the personal estate.