Does a Deed Override a Will?

Does a Deed Override a Will?


Yes, if a warranty deed is properly executed prior to the decedent’s death and transfers the property to another person, the deed “overrides” a will simply on the basis of how it functions. A warranty deed is used to transfer ownership from a grantor to a grantee during the grantor’s lifetime, meaning the grantor’s will has no bearing on who receives the property.

In short, if a warranty deed is properly executed, the grantee will own the property before the grantor’s will even takes effect. Remember, a will cannot alter a valid property transfer.





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