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A fiduciary deed does not contain the same warranties as a warranty or grant deed. Often it only warranties that the fiduciary acts in an appointed capacity and that signing the deed falls within the authority given him.
Three basic types of deeds commonly used are the grant deed, the quitclaim deed, and the warranty deed. A sample grant deed. the property he or she is transferring is implied from such language.
Fiduciary deeds are just one of several types of deeds used in property transfers. This type is used to transfer property such as real estate when the owner can't sign a deed for legal or other reasons. Fiduciary deeds are commonly employed when settling estates and the original owner of the property is deceased.
Trustee's deeds convey real estate out of a trust.This type of conveyance is named for the person using the form the trustee who stands in for the beneficiary of the trust and holds title to the property.
Quitclaim Deed. Deed of Trust. Warranty Deed. Grant Deed. Bargain and Sale Deed. Mortgage Deed.
Executor's Deed: This may be used when a person dies testate (with a will). The estate's executor will dispose of the decedent's assets and an executor's deed may be used to convey the title or real property to the grantee.
Once the COURT appoints you as executor, you will record an affidavit of death of joint tenant to get your mother's name of the property. Then, when you get an order for final distribution, you will record a certified copy to get the property into the names of the beneficiaries under the will.
A fiduciary deed is used to transfer property when the executor is acting in his official capacity. A fiduciary deed warrants that the fiduciary is acting in the scope of his appointed authority but it does not guarantee title of the property.
In most states, an executor's deed must be signed by a witness and notarized. An executor's deed should be recorded in the real estate records of the county in which the property being conveyed is located.