Deeds.com Real Estate Deeds
Deeds.com Real Estate Deeds Made Easy


Construction (mechanic's) liens in Alaska

A lien is a document filed by a claimant in the recorder's office against a property for recovery of a debt from the property owner for labor or furnishing of materials for the improvement of real property. By filing a lien, as a matter of public record, the claimant (typically a contractor) puts the owner (and anyone who might have a future interest in the property) on notice that he has a claim against the property. Timetables are an essential part of lien laws, and the requirements for no...


What is Lis Pendens?

Lis pendens, Latin for "suit pending," is written notice that a lawsuit has been filed which concerns the title to, or interest in, a specific parcel of real property [1]. The notice alerts potential lenders or buyers that the title to the property has come into question because of the pending legal action [2]. In many states, lis pendens notices are governed by statute. As such, the party serving notice needs to adhere to the requirements as demanded by the statute or the notice i...


All I Deed is the Air that I Breathe

(With apologies to the Hollies) How far do one's private property rights extend? For most property owners, the common understanding of property rights is limited to what they can find written on their deed. Deeds, or the documents evidencing title to real estate, describe real property by its boundaries, along with the rights and privileges (or restrictions to those rights and privileges) associated with the use of a specific parcel. Perhaps the property includes mineral rights. In tha...


Virginia Probate Process for Real Estate

Probate is the legal process of settling a decedent's estate and distributing his property to devisees according to the provisions of a will or to heirs at law. Probate procedures are codified at Title 64.2 of the Code of Virginia. The Circuit Court of the county or independent city where the decedent resided at the time of death oversees the probate of an estate in the Commonwealth of Virginia (64.2-443). Typically, the Clerk or Deputy Clerk of the Circuit Court handles formal administration...


Probate and Sale of Real Property in West Virginia

Probate is the legal process of settling a decedent's estate and distributing property to those entitled to receive it. This involves authenticating a testator's will upon his or her death and transferring property to the named beneficiaries, or, if the decedent dies without leaving a will, determining the decedent's legal heirs. Probate ensures that, by complying with state law, clear and marketable title passes to devisees or heirs at law. Assets titled solely in the decedent's name are sub...


Transferring Real Property from a Probate Estate in Vermont

When a person dies, her debts and assets become part of her estate and are subject to a legal process called probate. "Probate" means to prove the validity of a will, but the primary objectives of probating an estate are settling the estate's debts and distributing the remaining assets to beneficiaries according to the terms of the decedent's will. A will is insufficient to pass title to real property unless it has been proved in a Vermont probate court (14 V.S.A. 101). If a decedent d...


Transfers of Real Property from an Estate: Utah

When a person dies, his or her assets become part of their estate. Probate is the process of settling and distributing the decedent's estate to the people entitled to receive it. The Utah Uniform Probate Code, which sets forth the state's rules for this process, is codified at Title 75 of the Utah Code. An estate can be probated formally or informally. Formal probate (under 75-3-401 et seq.) involves more court supervision and is typically reserved for situations in which there are disputes. ...


Eminent domain: An eminence front?

A simple Google image search of "eminent domain" returns countless cartoon depictions of the giant arm of Uncle Sam hovering above a modest home, while a defenseless figure guards the front door, powerless to stop the inevitable seizure of his home. Absent any context as to why the situation is occurring, the reader is sympathetic, of course, toward the homeowner. Eminent domain, it seems, typically conjures images of its land-grabbing abuses. Eminent domain is the legal power of th...


Transfers of Probate Realty in South Carolina

Probate is the legal process of proving the validity of a testator's will and settling his or her estate after death, including distributing property to those entitled to receive it. The procedures for probate are codified at title 62 of the South Carolina Code of Laws (South Carolina Probate Code). Property titled in the decedent's name individually or in co-ownership without a survivorship or beneficiary designation becomes part of the estate, subject to administration by the probate court....


Transferring a Decedent's Real Property in South Dakota

What happens to your assets when you die? Depending on how your property is titled, they become part of your estate, and are subject to administration in probate. Probate is the legal process of settling a decedent's estate and distributing assets to those designated to receive them, whether through devise by will or by laws of intestate succession. South Dakota has enacted the Uniform Probate Code, codified as part of the South Dakota Codified Laws at Title 29A. The Uniform Probate Code is ...


Transferring Probate Realty in Tennessee

Probate is the legal process of proving a decedent's will and transferring his or her assets to devisees or heirs. The probate process is codified at Titles 30-32, 35 of the Tennessee Code. When a decedent dies, his or her assets become part of the estate. The way the decedent's property is titled determines which assets are subject to probate. Probate property typically includes any property the decedent held in his or her name alone. Property titled with a right of survivorship or with a be...


Transfers of Condominium Units in Arizona

The Arizona Condominium Act is codified at ARS 33-1201, et seq. A condominium is a piece of real estate, portions (units) of which are reserved for separate ownership, with the remainder designated for common ownership, solely by owners of the separate units (33-1202(10)). The condominium must first be created by a declaration, which designates the individual units, and is recorded in the same manner as a deed (33-1211). The conveyance of a condominium unit typically includes the unit an...


Probate and Real Property: Rhode Island Edition

An important part of being a responsible property owner is estate planning and deciding one's intentions in the event of death. When a person dies, applicable assets become part of the estate and are subject to administration in probate. Probate is the legal process of collecting a decedent's assets, settling the decedent's debts, and distributing the remaining property to heirs and devisees entitled to receive them. Probate procedures are codified under Title 33 of the Rhode Island General Laws...


Understanding the Different Types of Oklahoma Personal Representative's Deeds

Probate is the legal process of validating a person's will and settling his or her estate after death. This includes distributing the deceased's property to those entitled to receive it. Probate procedures are codified at Title 58 of the Oklahoma Statutes. Also called estate administration, the probate process takes place under the supervision of the Oklahoma district court of the county where decedent lived at the time of his or her death. Property subject to probate (referred to as probate ...


Transferring Probate Realty in Oregon

Probate is the legal process of settling a decedent's estate and distributing property to those entitled to receive it, whether by devise of a will or laws of intestate succession. The laws for probate are codified at Title 12 of the Oregon Revised Statutes. The scope of probate depends on the size of the decedent's estate and how he or she held assets during his or her lifetime. Assets that the decedent held in his or her name solely are subject to probate. Property held in joint tenancy wit...


More Information