Deed of Assent Georgia: What Is It and When Is It Used?
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The Basics of a Deed of Assent in Georgia
When the executor of a will signs a deed of assent in Georgia, they agree to transfer the deceased’s property to the intended heir. Learn more here.
When a person dies, their property is transferred to someone else. This typically happens when the deceased person had a will and appointed who the heir or beneficiary of the property would be.
A deed of assent can convey real property found in the will to heirs or beneficiaries entitled to the property in question under the decedent’s will. While a deed is the actual paper document that states you own a property or proves you own it, a title gives you the right to own it.
There are several types of deeds, including:
- Warranty Deed
- Quitclaim Deed
- Executor’s Deed
- Deed of Assent
- Administrator’s Deed
There are also other deeds, such as a foreclosure deed or a deed to secure debt, but they may not be usually used for sale or purchase transactions.
You will get a warranty deed from real estate agents in most property purchases. The warranty deed is the most commonly used of all deeds, and it guarantees that the title to the property is in good standing.
On the other hand, a quitclaim deed doesn’t guarantee the title to the property is in good standing. A quitclaim deed can be used, for example, when transferring property to one of the members of your family.
An executor’s deed is used when a personal representative or administrator appointed by the Probate Court transfers property from the decedent’s estate. For example, the court may instruct the estate’s personal representative to sell the property to pay the estate’s debts. In that case, the representative can use the executor’s deed.
When Is a Georgia Deed of Assent Used?
A deed of assent is used when the transfer of real property is made according to the specific instructions contained in the will made by the decedent. The deed of assent simply acknowledges the property transfer made in the will.
However, assent is different from a transfer because a person can only assent property from the estate of a deceased individual.
Sometimes, estate deeds, including executor’s deed, administrator’s deed, and deed of assent, are considered a type of quitclaim deed because they convey property that is in an estate without general warranties of title.
All these terms may sound very confusing, so you may need help from an experienced real estate lawyer who can help you sort things out.
Real estate attorney Stan Faulkner at Faulkner Law possesses a deep understanding of Georgia real estate laws, so he will make sure your interests are protected. With over 18 years of legal experience, he is the right person to offer legal advice and guidance on whatever real estate issue you are struggling with.
What Is a Deed of Assent?
When you inherit property from a deceased person, a deed of assent is used. However, if any loans or debts are attached to the property, you have to pay them before receiving the deed.
Under Georgia law (OCGA 53-8-15), “title to property in the estate does not pass to the heirs or beneficiaries until the personal representative assents thereto in evidence of the distribution of the property to them.”
In other words, a deed of assent is necessary for the probate process, but it becomes valid only when an executor or personal representative signs over the property. This written document states exactly that – the administrator agrees to the title transfer. However, before the property transfer, payment of all debts on the title has to be conducted.
How Long Does an Executor Have to Settle an Estate in Georgia?
How Long Does a Deed of Assent Take?
Where Can I Find a Form for a Deed of Assent?
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