I was named executor in my mother's notarized will (she never filed it in court). So, far the will has been honored by banks/insurance and the family is trying to avoid probate court. My grandmother's notarized will (never filed in court) left my mother a piece of land. As Mom's executor, the deed was given to me, but the land is still in the name of my deceased grandparents. I want to sell the land and divide the money with my siblings to which they are agreeable. My questions: 1) Can I sell the land with the current deed? 2) Can I have the deed changed to my name without going through probate so it can be sold?

Note: My mother's death preceded my grandmother's death by a few weeks. My uncle has been recognized by the family as the executor of my grandmother's affairs although no executor was named in her will and he was the person who gave me the deed.

If your mother pre-deceased your grandmother, then your gradmother could not have left the land to your mother. Your uncle needs to review your grandmother's will and see what provision it makes (if any) for this.

Welcome to AMHD. I am sorrowful for the losses of loved ones in your family. Did you indicate in what state your mother and grandmother resided? The title on real estate can not be transferred without the will having been probated; whether the family is attempting to go around the will and enter into a comprehensive settlement is a question for competent legal advice.

I am sorry for your loss, and to add, not sure where you live but at least here most wills are never filed in a court house and many are not even notized but just witnessed unless your state requires it.

And while I am glad your banks are working with you, but in general many will not. As for the property, who was over the grandmothers will but you really need to get an attoreny to review this and help you with it.

Thank you for the kind words and help so far. To shed more light...
1) Grandmother, Mother, the notarized wills and land - all Mississippi
2) No executor was named in my grandmother's will. Her son is acting as executor and this is uncontested by family members including his sole surviving sibling.
3) There were no provisions made in my grandmother's will should her children proceed her in death. It is a very ill-constructed handwritten document. Only my mother and aunt were named in the will (and only by first name). Her son's portion had been taken care of under a survivorship arrangement and he now owns all her real property except for 2 lots: one for my mother and the other for my aunt. Again, the lot in question is not being contested by either of my grandmother's surviving children.

If there is anyway to sell the land without going through the time and expense of an attorney or the court system, that would be my inclination and Mom would be proud I did not waste money. (She was a very practical woman!) If not, any advice on what I need to know when dealing with an attorney?

Thanks again for the advice, help.

You definitely need the assistance of a local real estate attorney; not all attorneys know everything, as I am certain you are aware. Transferring title to real estate is technical for good reason. As they say, 'an ounce of prevention is worth a pound of cure.'

Your uncle as executor of grandma's estate needs to file a quit claim deed (or, better yet a warranty deed) transferring ownership from the estate of Grandma to the siblings. The siblings can then sell the property.

Since no family members are contesting the disposition of the property, this shouldn't be a problem. However, you may find a problem with a title insurer when you go to sell the property.

These matters are completely new to me. Can you please share more details about how to get a "quit claim deed" or "warranty deed?" Or can you direct me to a source for that information?

Thanks again to each of you who are providing answers.

Check this: General Warranty Deed - Definition - Real Estate Glossary

Go to your local county clerk's office, they can tell you what's necessary.

My main concern here is clear title to the buyer. Since no probate was done, a question can be raised that your uncle has a right to sign over the property as executor. While you wouldn't challenge that right, a title insurer would want make sure title was clear. That's your real problem. The difference between a quit claim and a warranty deed is that with a warranty deed, the person signing the deed over is warrantying that they have the right to do so and that they are conveying clear title.