Can I issue a mortgage satisfaction as the executor of the will?
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Can I issue a mortgage satisfaction as the executor of the will?
My mom recently passed away, and she held a mortgage for some property that was
sold. I am the sole executor and heir of her will. When the mortgage is paid in
full, do I have the ability to issue a mortgage satisfaction without going
through full probate? Her total asset are less than 25k, which would allow me
to do small estate probate as long as I can release the mortgage that is owed to
her. Thank you.
Asked on August 17, 2018 under Estate Planning, Georgia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The holder of the mortgage instrument, as well as the those that legally stand in his or her place (you), can issue the satisfaction. However, I would make sure that the Letters Testamentary issued to you allow you to allow same, although I am inclined to think that they do. Here is a pamphlet to try and help. Good luck.
http://gaprobate.gov/sites/default/files/probate/Duties%20of%20PR_8.5x11.pdf
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