Georgia Executors Without Probate

Category:

Real Estate - Deeds - Executors

State:

Georgia

Control #:

GA-A2005

Format:

Instant download

Description

This deed, or deed-related form, is for use in property transactions in the designated state. This document, a sample Executor's Deed, can be used in the transfer process or related task. Adapt the language to fit your circumstances. Available for download now in standard format(s). USLF control no. GA-A2005

Sublease of Residential Property

View this form

Settlement Statement of Personal Injury Ca...

View this form

Notice of Hearing on Disclosure Statement ...

View this form

Customer Operations

View this form

Checklist - Dealing with Shareholders and ...

View this form

Ratification of Acts

View this form

Termination or Cancellation of Listing Agr...

View this form

Jury Instruction - 2.3 Consideration Of Th...

View this form

Home Maintenance Checklist

View this form

Bylaws for Corporation

View this form

How to fill out Georgia Executor's Deed?

Finding a reliable location to obtain the latest and pertinent legal templates is partly the challenge of navigating bureaucracy.

Identifying the appropriate legal documents requires accuracy and carefulness, which is why it is crucial to acquire examples of Georgia Executors Without Probate exclusively from credible sources, such as US Legal Forms.

Once you have the document on your device, you can edit it using the editor or print it and complete it manually. Eliminate the hassle that comes with your legal documentation. Discover the comprehensive US Legal Forms catalog where you can locate legal templates, assess their applicability to your situation, and download them immediately.

Utilize the library navigation or search bar to locate your template.
Examine the form’s details to determine if it meets the standards of your state and county.
Check the form preview, if available, to ensure the template is indeed what you are looking for.
Return to the search to find the correct template if the Georgia Executors Without Probate does not suit your needs.
If you are confident about the form’s relevance, download it.
If you are a registered user, click Log in to verify and access your selected templates in My documents.
If you do not have an account yet, click Buy now to obtain the form.
Choose the pricing plan that aligns with your preferences.
Proceed to register to finalize your purchase.
Complete your purchase by selecting a payment method (credit card or PayPal).
Select the document format for downloading Georgia Executors Without Probate.

Form popularity

FAQ

Things You Can Do to Avoid Probate in Georgia You can place your assets in your trust, and then you name the beneficiary (or beneficiaries) who will receive the assets upon your death. If the trust has been funded by you during your lifetime, then your loved ones will not be subjected to the court probate process.

In order to have an executor or administrator appointed, a petition has to be filed with the Georgia probate court. With that petition, you are asking the court to appoint an executor or administrator formally. This process is necessary even when a deceased person has appointed an executor in their will.

Georgia is one of a few that allows heirs to forego the probate process, with no estate dollar value limitation, as long as: there are no outstanding debts. all heirs agree with the distribution plan. there is no last will and testament.

If the executor or person in possession of the will does not file it with the local probate court, that person can get in a lot of trouble. Georgia law states: ?the probate court may attach for contempt and may fine and imprison a person withholding a will until the will is delivered.? (Georgia Code § 53-5-5).

Trusted and secure by over 3 million people of the world’s leading companies

Executor's Deed

Note: The information below is a general statement of the law of deeds and is applicable in most states. However, state laws may vary the general statement slightly or to a large degree. The discussion below is intended as general and not as applicable to a particular state. The actual forms will reflect the requirements of your state.

Types of Deeds:

Warranty Deed - If a deed is intended to be a general warranty deed, it should contain a phase specified by state law such as the phrase "conveys and warrants". These words, called operative words of conveyance, carry with them several warranties which the grantor is making to the grantee. Examples of the warranties are: First, the grantor warrants that the grantor is the lawful owner of the property at the time the deed is made and delivered and that the grantor has the right to convey the property.
Second, the grantor warrants that the property is free from all encumbrances or liens.
Third, the grantor warrants that he or she will defend title to the estate so that the grantee and the grantee's heirs and assigns may enjoy quiet and peaceable possession of the premises with the power to convey the property. Quitclaim Deed - A quit claim deed conveys to the grantee and the grantee's heirs and assigns in fee all of the legal or equitable rights the grantor has in the property that existed at the time of the conveyance. An example of operative words of conveyance are "convey and quit claim." There are no warranties of title.

Special Warranty Deed - In contrast to a general warranty deed, a special warranty deed limits the liability of the grantor by warranting only what the deed explicitly states. A special warranty deed has practically the same effect as a quitclaim deed. Special warranty deeds are generally used by corporations or other entities that want to avoid assuming the liability of a general warranty deed. Like the general warranty deed, the special warranty deed should contain the appropriate language such as "conveys and specially warrants." Usually, the grantor warrants that he or she did nothing to impair title during the period the grantor held the title. While a special warranty deed may contain covenants of title, these covenants will usually cover only those claims arising by, through, or under the grantor.

Fiduciary Deed - This is a deed to be executed by a fiduciary such as a trustee, guardian, conservator, or similar person in their appointed capacity.

Terms Common to Deeds:

Grantor - The person who owns the property and executes the deed conveying the property to another person. This can be one or more persons, a corporation, limited liability company (LLC), partnership or other entity.

Grantee - The person who receives title to the property. The grantee can be one or more persons, a corporation, LLC, partnership or other entity.

Consideration - The value given to the grantor by the grantee in exchange for the conveyance. Some states include the exact consideration in the deed and others do not but instead include a statement of consideration as being 10.00 and other good and valuable consideration.

Operative Words of Conveyance - These are state specific and generally are statutory. They show intent to transfer present title. As previously mentioned, examples are "conveys and warrants", or "convey and quitclaim" or convey and specially warrant".

Legal Description - The legal definition of the property being conveyed. This is contained in the deed where the grantor obtained title to the property and should be used in the deed where the grantor conveys the property exactly as written in the grantors deed unless not all of the property is being conveyed.

Life Estate - A life estate is where a person owns all the benefits of ownership in the property during their life, or the life of another, with the property going to a remainder person after the death of the life tenant.

Tenants in Common - This is how two or more people (co-tenants) may take title to property who intent their share in the property to be separate from the other on death. On the death of the tenant in common the deceased persons ownership in the property is left to his or her heirs or as specified by Will. Compare to Joint Tenants. If tenant in common ownership is desired the deed usually provides, "to Grantees, A and B, as tenants in common and not as joint tenants".

Joint Tenants with Rights of Survivorship - This is how two or more persons may take title to property when the parties want the entire ownership to go to the survivor instead of the heirs of the survivor. On death of a joint tenant with rights of survivorship, the entire interest of the deceased co-tenant goes to the surviving co-tenants. Compare to Tenants in Common. It is common for husband and wife to take title as joint tenants with rights of survivorship. If joint tenant with rights of survivorship ownership is desired, the deed usually provides, "to Grantees, A and B, as joint tenants with rights of survivorship and not as tenants in common".

Community Property - In community property states, special laws govern how property is owned between husband and wife.

Reservation Clause - This is a provision of a deed where the grantor may reserve some right in the property such as mineral rights.

Exception Clause - This is a clause in a deed were exceptions to title conveyed may be listed. Example, "Less and Except a prior reservation of all oil, gas and mineral rights in the property conveyed."

Subject to Clause - This is a clause in a deed where property useage rights may be states. Example: "Subject to all rights of way, easements and protective covenants of record".

Execution and Acknowledgments:

Execution - A deed must be in writing and signed by the grantor(s). Generally, deeds conveying a homestead estate must also be signed by the grantor's spouse.

Acknowledgments - In addition to the signature of the grantor(s), deeds must be acknowledged to be recorded and acceptable as evidence of ownership without other proof. Each state has special acknowledgment forms.

Procedural Requirements:

Name, Address, phone - The names of the grantor and the grantee should appear on the deed. The address and phone numbers are also usually included.

Recording or Filing Place - Generally, deeds should be recorded in the county in which the real estate is located. Although generally a deed does not have to be recorded to be a valid conveyance, there are practical reasons for recording a deed. Deeds usually do not take effect as to creditors and subsequent purchasers without notice until the instrument is recorded. Thus, unrecorded deeds may be void as to all subsequent creditors and subsequent purchasers without notice until they are filed for record. Recording a deed places subsequent purchasers on constructive notice in that subsequent purchasers are deemed to have actual knowledge of any recorded instrument. Some states are "race-notice" states, which means that the first grantee without notice to record a deed to property will be protected against the interests of other grantees with unrecorded deeds to the same property.

Acceptance and Delivery - Another element of a valid deed is that the deed must be delivered and accepted to be an effective conveyance. Most states assume delivery if the grantee is in possession of the deed. The deed also must be accepted by the grantee. This acceptance does not need to be shown in any formal way, but rather may be by any act, conduct or words showing an intention to accept such as recording the deed.

How to Order To order the deed you have located, close this window and click on the order icon.

Executor's Deed

Types of Deeds:

Fiduciary Deed - This is a deed to be executed by a fiduciary such as a trustee, guardian, conservator, or similar person in their appointed capacity.

Terms Common to Deeds:

Grantee - The person who receives title to the property. The grantee can be one or more persons, a corporation, LLC, partnership or other entity.

Community Property - In community property states, special laws govern how property is owned between husband and wife.

Reservation Clause - This is a provision of a deed where the grantor may reserve some right in the property such as mineral rights.

Subject to Clause - This is a clause in a deed where property useage rights may be states. Example: "Subject to all rights of way, easements and protective covenants of record".

Execution and Acknowledgments:

Execution - A deed must be in writing and signed by the grantor(s). Generally, deeds conveying a homestead estate must also be signed by the grantor's spouse.

Procedural Requirements:

Name, Address, phone - The names of the grantor and the grantee should appear on the deed. The address and phone numbers are also usually included.

How to Order To order the deed you have located, close this window and click on the order icon.

Georgia Executors Without Probate

Description

Viewed forms

How to fill out Georgia Executor's Deed?

Form popularity

FAQ

How do I file a will in Georgia without probate?

How do I file for executor of estate in Georgia?

Can an estate be settled without probate in Georgia?

What if the executor does not probate the will in Georgia?

Trusted and secure by over 3 million people of the world’s leading companies

Georgia Executors Without Probate

Description

Viewed forms

How to fill out Georgia Executor's Deed?

Form popularity

FAQ

How do I file a will in Georgia without probate?

How do I file for executor of estate in Georgia?

Can an estate be settled without probate in Georgia?

What if the executor does not probate the will in Georgia?

Georgia Executors Without Probate Related Searches

Trusted and secure by over 3 million people of the world’s leading companies