Deed Of Distribution Vs Warranty Deed
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How to fill out Colorado Deed Of Distribution - Personal Representative To Two Individuals?
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FAQ
May I prepare my own deed? A. Yes you may, but our office always recommends that you hire an attorney. Our office is strictly for recording, we do not prepare documents and do not answer questions in the preparation of legal documents.
If there is real estate in the estate and it has not been sold, a Deed of Distribution (FORM 400ES) must be filled out and recorded. It is recommended that an attorney assist you with this particular duty. The Deed of Distribution transfers the real property from the decedent's name to those who inherit it.
The deed of distribution is signed by the acting PR in the presence of a notary public and two witnesses before recording in the Register of Deeds' office of the county where the subject property is situated. A certified copy should be delivered to the probate court.
Having a competent lawyer draft the deed of distribution for an executor of a South Carolina will ensure that all the legal requirements are met and the document is properly recorded with both the county Probate Court and Register of Deeds.
General warranty deeds give the grantee the most protection, special warranty deeds give the grantee more limited protection, and a quitclaim deed gives the grantee the least protection under the law.