[lmryan]

My deceased mother's house was inherited by four children equally. Who is the grantor on the deed, the personal representative or my mother? What type of deed is used, Quit claim, personal representative? My brother, one of the four inheriters is the personal rep /executor.

[AK lawyer]

My deceased mother's house was inherited by four children equally. Who is the grantor on the deed, the personal representative or my mother? What type of deed is used, Quit claim, personal representative? My brother, one of the four inheriters is the personal rep /executor.

No, the decedent cannot be the grantor. How would she manage to sign a deed if she is dead?

The way you have asked this question makes me wonder if you think inheritance is automatic. No, it isn't. If there is a will it must be filed in court (by your brother if he was appointed PR in the will) to be "probated" (i.e.: proven). If there was no will, someone must file a court application to determine who the heirs are.

It depends somewhat on which state or country you are in, but in general, if your brother has been appointed by the probate court to be the personal representative, he would sign a deed, as personal representative, conveying the property to the four heirs in common.

But a word of caution: it isn't normally a good idea for all heirs to become tenants-in-common of property they have inherited. Disputes often happen between such persons regarding the rights and obligations of each, and eventually litigation may be necessary. At some point, they will die and their heirs will have a legal mess with which to contend. It would be better if the property can be sold (normally to the heir who actually wants to live in the property), with the proceeds to be divided among the four by the estate's PR.

[Fr_Chuck]

I will agree, first where this is, has a lot to do with everything.

And was there a will. I will assume yes, if no, then who gets the house will depend on state laws ( if in the US)

The mother can not do anything, she is dead.