Deed of Assent Georgia: What Is It and When Is It Used?
Speak with a trusted Deed of Assent lawyer in Georgia.
What Does It Mean to Assent a Property?
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 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
Other deeds, such as a foreclosure deed or a deed to secure debt, may not be usually used for sale or purchase transactions.
In most property purchases, you will get a warranty deed from real estate agents. The warranty deed is the most commonly used of all deeds and guarantees that the legal 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. For example, a quitclaim deed can be used when transferring personal property to one of your family members.
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 representatives to sell the property to pay the estate’s debts. In that case, the representative can use the executor’s deed.
If you require legal assistance with any deed transfer in Georgia, an experienced attorney specializing in real estate law can help. Such a lawyer will be familiar with the different types of deeds and their associated documents and how to complete the paperwork properly.
A knowledgeable attorney can also help you determine if a deed of assent is necessary for your transfer and provide guidance throughout the process.
Our experienced real estate attorneys at Perigon Legal Services can help you with your deed transfer needs. Whether you need help drafting a deed of assent or any other type, our attorneys have the expertise to assist you. Contact us today for a consultation.
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 in the will made by the decedent. The deed of assent 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 in an estate without general warranties of title.
All these terms may sound very confusing, so you may need help from an experienced legal representative who can help you sort things out.
Real estate attorney Stan Faulkner at Perigon Legal Services deeply understands Georgia real estate laws, so he will ensure your interests are protected. With over 18 years of legal experience, Stan is the right person to offer legal advice and guidance on whatever real estate issue you are struggling with.
When Should You Assent a Property?
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?
No form will work for each particular case regarding this deed. That is because all deeds of assent should contain unique information regarding the estate and what authorizes the transfer. In addition, assent must reference or quote precise language from the will and the Letters testamentary.
If you make a mistake, the consequences can be severe and expensive. Making the title unmarketable can be just one of the consequences, and fixing them may require a lot more money than you would have spent by paying an attorney to draft you the assent. Also, the attorney you hire can ensure everything is being done correctly and review the administration.
Settling an estate, handling different probate matters, or dealing with a deed of assent or other deeds can be complicated and confusing. Consulting a qualified lawyer can be beneficial and make the process go efficiently and smoothly.
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