In Texas, is there a certain time after which a personal representative of an estate can no longer execute instruments on behalf of the estate? In other words, once an estate is probated, do the devisees take over the assets from the personal representative, even if no deed is executed?
How come some probated estates execute death deeds and the like, but others simple file the probate without executing any deeds?
If the estate is formally closed through the probate court, then the executor could no longer execute documents from and after the date on which the Court enters its order. Most estates are not formally closed in Texas, which practice differs from most states. The better procedure is to do deeds of distribution to document when possession is turned over to the beneficiary, but many estates are administered “down and dirty” to minimize expenses and deeds of distribution are not done. If deeds of distribution are not done, then it is a question of fact where Executor has maintained control over the property and depending on the type of third party transaction, the signature of the Executor and the beneficiary may both be required.