Swain County Beneficiary and Administrator Deed Form

Swain County Beneficiary and Administrator Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.

Swain County Beneficiary and Administrator Deed Guide
Line by line guide explaining every blank on the form.

Swain County Completed Example of the Beneficiary and Administrator Deed Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
Additional North Carolina and Swain County documents included at no extra charge:
Where to Record Your Documents
Swain County Register of Deeds
Bryson City, North Carolina 28713
Hours: 8:30 to 5:00 Monday through Friday
Phone: (828) 488-9273 Ext. 2205
Recording Tips for Swain County:
- Check that your notary's commission hasn't expired
- Ask about their eRecording option for future transactions
- Multi-page documents may require additional fees per page
Cities and Jurisdictions in Swain County
Properties in any of these areas use Swain County forms:
- Almond
- Bryson City
- Cherokee
How do I get my forms?
Forms are available for immediate download after payment. The Swain County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Swain County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Swain County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Swain County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Swain County?
Recording fees in Swain County vary. Contact the recorder's office at (828) 488-9273 Ext. 2205 for current fees.
Have other questions? Contact our support team
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.
(North Carolina B&AD Package includes form, guidelines, and completed example)
Important: Your property must be located in Swain County to use these forms. Documents should be recorded at the office below.
This Beneficiary and Administrator Deed meets all recording requirements specific to Swain County.
Our Promise
The documents you receive here will meet, or exceed, the Swain 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 Swain 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.
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