Avery County Beneficiary and Administrator Deed Forms (North Carolina)

Form Package

Beneficiary and Administrator Deed

State

North Carolina

Area

Avery County

Price

$29.97

Delivery

Immediate Download

Payment Information

Email:

Please provide a valid email.

First Name

Please provide a valid first name.

Last Name

Please provide a valid last name.

Credit Card Type Select Card Type Visa Mastercard American Express Discover

Credit Card Number

Please provide a valid card number.

Expiration Month Select Month 01 - January 02 - February 03 - March 04 - April 05 - May 06 - June 07 - July 08 - August 09 - September 10 - October 11 - November 12 - December

Expiration Year Select Year 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040

Card Security Code

Please provide a valid security code.

Billing Zip Code

Please provide a valid billing zip code.

Phone Number:

I understand that I am ordering blank forms.

You must agree before submitting.

I agree to the Terms of Use.

You must agree before submitting.

Place Order - Download

Included Forms

All Avery County specific forms and documents listed below are included in your immediate download package:

Included Supplemental Documents

The following North Carolina and Avery County supplemental forms are included as a courtesy with your order.

Frequently Asked Questions:

Areas Covered by These Beneficiary and Administrator Deed Forms:

• Avery County

Including:

• Banner Elk
• Crossnore
• Elk Park
• Linville
• Minneapolis
• Montezuma
• Newland
• Pineola
• Plumtree

What is the North Carolina Beneficiary and Administrator Deed

Probate is the legal process of settling a decedent's (deceased person's) estate. An administrator is the personal representative appointed by the clerk of superior court to administer a decedent's estate.

When the estate's assets are not sufficient to pay debts, the administrator may need to petition the superior court where the estate is open to obtain an order to sell the decedent's real property. In North Carolina, title to real property vests in the decedent's heirs upon death, and a special proceeding is required to bring the property into the estate. An administrator may not sell realty without the court's permission.

The beneficiary and administrator's deed is an instrument executed by a decedent's heirs and joined by the administrator of the estate to convey an interest in real property from an intestate estate (so called when the decedent dies without a will, or does not name an executor of the estate) to a purchaser.

When the estate is still open in probate, the administrator joins in the deed consenting to the sale of the real property described within as required by N.C.G.S. 28A-17-12. By signing the deed, the administrator waives the possibility of opening a special proceeding to bring the property back into the estate later.

Heirs must execute the deed for a valid transfer. The deed lists all heirs and their marital status; spouses of heirs must join in signing the deed to release homestead rights under North Carolina law. Because title is legally vested in them, the executing heirs may make warranties of title, but the administrator typically does not. Any warranty language included in the deed is binding on the heirs.

Recitals of a beneficiary and administrator's deed include a statement that the decedent died intestate and information regarding the opened estate, including the decedent's date of death, the county of probate, and the file number assigned to the estate by the clerk of superior court. In addition, the deed states that the administrator named within is qualified to administer the estate and joins to evidence consent to the sale, and includes the date of first notice to creditors.

A lawful deed in North Carolina states the consideration made for the transfer of title, contains an accurate legal description of the subject parcel and recites the grantor's source of title. When properly executed and recorded, the beneficiary and administrator's deed vests title to the within-described property in the named grantee(s). Any restrictions to the transfer should be noted in the body of the deed.

Both the heirs' signatures and the administrator's signature must be acknowledged in the presence of a notarial official before the deed can be recorded in the county where the subject property is located. For a valid deed, the signatures of heirs and their spouses, when applicable, must be present. An affidavit of consideration or value may be required.

Consult an attorney licensed in the State of North Carolina with questions regarding beneficiary and administrator's deeds, as each situation is unique.

Our Promise

The documents you receive here will meet, or exceed, the Avery County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Avery County Beneficiary and Administrator Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

Reviews

4.8 out of 5 (4169 Reviews)