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Used to transfer property rights from a deceased person's estate. Involves Probate Court. Like a Quit Claim deed, there are no warranties. Generally, the Personal Representative is unwilling to warrant or promise anything relating to property that he/she has never personally owned.
Let's start with the definition of a deed: DEED: A written instrument by which one party, the Grantor, conveys the title of ownership in property to another party, the Grantee. A Warranty Deed contains promises, called covenants, that the Grantor makes to the Grantee.
In New Jersey, the deed must be in English, identify the seller/buyer (grantor/grantee), name the person that prepared the deed, state the consideration (amount paid) for the transfer, contain a legal description of the property (a survey), include the signature of the grantor and be signed before a notary.
1Retrieve your original deed.2Get the appropriate deed form.3Draft the deed.4Sign the deed before a notary.5Record the deed with the county recorder.6Obtain the new original deed.
Contrary to normal expectations, the Deed DOES NOT have to be recorded to be effective or to show delivery, and because of that, the Deed DOES NOT have to be signed in front of a Notary Public. However, if you plan to record it, then it does have to be notarized as that is a County Recorder requirement.
In order to provide finality to the termination of a trust or the closing of an estate, the form of deed given by a personal representative or a trustee simply calls for the seller to convey as opposed to convey and warrant the property.Again, all the buyer gets is whatever the trust or estate owned.
Typically, the lender will provide you with a copy of the deed of trust after the closing. The original warranty deeds are often mailed to the grantee after they are recorded. These are your original copies and should be kept in a safe place, such as a fireproof lockbox or a safe deposit box at a financial institution.
1Discuss property ownership interests.2Access a copy of your title deed.3Complete, review and sign the quitclaim or warranty form.4Submit the quitclaim or warranty form.5Request a certified copy of your quitclaim or warranty deed.
A personal representative deed and warranty deed are the same only in that they both convey ownership of land. The types of title assurance that the different deeds provide to the new owner are very different.