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.

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Author: Stan Faulkner, Founder, Perigon Legal Services, LLC

Mr. Faulkner is an experienced counselor and litigator with 15 years of experience, having held bar licenses in four states (Mo, Il, Ct, and Ga). Stan Faulkner uses this experience and focuses his skills on the pursuit of assisting individuals in probate (trust and estate) matters, guardianships and conservatorships, estate planning, business disputes, and contract disputes. Published on December 01, 2021.

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 intended 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 real property from the decedent’s estate. For example, the court may instruct the estate’s 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 correctly.

A knowledgeable attorney can also help you determine if a deed of assent is necessary for your transfer and guide 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 executors, administrators, and deeds 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.

What Is a Deed of Assent?

 

A deed of assent is used when you inherit property from a deceased person. However, if any loans or debts are attached to the property, you must 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 that the administrator agrees to the title transfer. However, before the property transfer, all debts on the title must be paid.

 

Important Documents Needed for a Deed of Assent

When you transfer real property through a deed of assent, you will need some necessary supporting documents. These documents must be provided to the attorney handling the transfer process.

Some of the required documents include:

  • The original will or a certified copy

  • A death certificate of the decedent

  • Any court orders related to the administration of the estate

  • A proper identification document, such as a driver’s license or passport, for all parties involved in the transfer process

All these documents must be ready before beginning the process of transferring property through a deed of assent. It will ensure a smooth and timely transfer of ownership.

When Should You Assent a Property?

A deed of assent is a written document that indicates the administrator of the will agrees to the title transfer and that the property titles of a deceased person should be transferred into the name of the heir who is meant to receive the property.

However, the will of the deceased and the deed of assent can be contested. A knowledgeable real estate dispute attorney can help you negotiate a potential settlement and successfully resolve these issues if you encounter a potential estate dispute.

Contact Perigon Legal Services at (770) 268-2630 or browse our website to see how we can assist you.

How Long Does an Executor Have to Settle an Estate in Georgia?

After someone dies, the person with their original will is legally obligated to file it with the appropriate Probate Court. Filing a will doesn’t mean the estate will automatically go through probate. Probate is usually required if the deceased person owns assets or property in their name alone. 

Transferring ownership from the deceased person’s estate to the heirs is called estate settlement. In addition to probate, it can also occur by administrating a living trust in Georgia.

If the deceased named someone as an executor of the estate in their will, that person has to go to court and request to be formally appointed. If no one is named or the person named isn’t willing to do the required duties, the court appoints an administrator with the same duties as the personal representative or executor. 

The personal representative will have to take an oath to act in the estate’s best interest, and the court will issue a document (Letters Testamentary or Letters of Administration) that will formally appoint the person. 

Usually, all the heirs and creditors must be notified, and the creditors’ debts are paid before transferring assets and obtaining and distributing deeds for the property in the will.

However, bear in mind that there is no time limit when it comes to settling an estate. The usual time to open an estate can be from two weeks to even six months. It can take even longer, but it can cause different issues. However, on average, the probate process can last from 12 to 18 months, depending on several factors. 

If you are trying to avoid probate, know that the State of Georgia doesn’t allow real estate to be transferred using transfer-on-death deeds.

How Long Does a Deed of Assent Take?

The necessary step in this process is filing the deed of assent with the appropriate government office in your county. This step is also called recording the deed. It would take from two weeks to several months to record a deed, provided everything is done correctly. 

If this is not done how it’s supposed to, or someone in the process has made a mistake, and a deed hasn’t been recorded, you won’t be recognized as the legal owner of the property. That has further consequences, including that you can’t sell your property if you want to. 

Probated deeds are public records. That means you can go to the county recording office where the property is located and check if the deed was filed for that property.

If you experience any problems with property transfer, including deed of assent issues, contact Perigon Legal Services. Our attorneys can represent you in various cases, including real estate disputes.

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 hired attorney can ensure everything is 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.

Consult an Experienced Real Estate Lawyer

Deeds of assent are documents used in the transfer of real estate following death, and an executor or administrator of an estate usually issues them. This process can be complicated and time-consuming.

If you are dealing with a deed of assent or any other real estate document, you should consult an experienced attorney knowledgeable in this area of the law. At Perigon Legal Services, we understand the importance of this matter and can help you handle it effectively. With 18-plus years of experience, we are confident you will be in good hands with our attorneys.

Contact us today to discuss your case and get started with the process. We will be happy to assist you.

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