North Carolina Forms

Avery County Beneficiary and Executor Deed Form

Avery County Beneficiary and Executor Deed Form

Avery County Beneficiary and Executor Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.

Document Last Validated 9/18/2024
Avery County Beneficiary and Executor Deed Guide

Avery County Beneficiary and Executor Deed Guide

Line by line guide explaining every blank on the form.

Document Last Validated 6/13/2025
Avery County Completed Example of the Beneficiary and Executor Deed Document

Avery County Completed Example of the Beneficiary and Executor Deed Document

Example of a properly completed form for reference.

Document Last Validated 7/18/2025

All 3 documents above included • One-time purchase • No recurring fees

Immediate Download • Secure Checkout

Additional North Carolina and Avery County documents included at no extra charge:

Important: Your property must be located in Avery County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Avery County Register of Deeds
Address:
200 Montezuma St / PO Box 87
Newland, North Carolina 28657

Hours: 8:00 to 4:30 Monday through Friday / Recording until 4:15

Phone: (828) 733-8260

Recording Tips for Avery County:
  • Bring your driver's license or state-issued photo ID
  • Ask if they accept credit cards - many offices are cash/check only
  • Avoid the last business day of the month when possible
  • Make copies of your documents before recording - keep originals safe

Cities and Jurisdictions in Avery County

Properties in any of these areas use Avery County forms:

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

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Avery County

How do I get my forms?

Forms are available for immediate download after payment. The Avery 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 Avery County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Avery 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 Avery 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 Avery County?

Recording fees in Avery County vary. Contact the recorder's office at (828) 733-8260 for current fees.

Questions answered? Let's get started!

Probate is the legal process of proving a decedent's (deceased person's) will, if any, valid and settling his or her estate. An executor is the personal representative named in the decedent's will to administer his or her estate.

When the estate's assets are not sufficient to pay debts, the executor 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.

The beneficiary and executor's deed is an instrument executed by a decedent's heirs and joined by the executor of the decedent's will to convey an interest in real property from a testate estate (so called when the decedent leaves a will) to a purchaser.

When the estate is still open in probate, the executor 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 executor waives the possibility of opening a special proceeding to bring the property back into the estate later.

Unless a) the decedent wills the realty to the executor or directs to the executor to sell the realty with only the proceeds of the sale directed to devisees, or b) the will confers a power of sale upon the executor and devises the property to the estate (and not a devisee), heirs must execute the deed for a valid transfer. Because title is legally vested in them, the executing heirs may make warranties of title, but the executor typically does not. Any warranty language included in the deed is binding on the heirs.

Recitals of a beneficiary and executor's deed include a statement that the decedent died testate and information regarding the probated will, including the date of death, the county of probate, and the file number assigned to the decedent's estate by the clerk of superior court. In addition, the deed contains statements that the executor named within was appointed by the decedent's will and is duly qualified to administer the estate; that a notice to creditors has been given and the estate is still open; and that the executor joins to evidence consent to the sale.

A lawful deed in North Carolina states the consideration made for the transfer of title, contains an accurate legal description of the subject parcel, recites the grantor's source of title, and indicates whether the property conveyed comprises any part of the primary residence of the grantor. When properly executed and recorded, the beneficiary and executor's deed vests title to the within-described property in the named grantee(s). For a valid beneficiary and executor's deed, the signatures of heirs and their spouses must be present to release homestead rights. Any restrictions to the transfer should be noted in the body of the deed.

Both the heirs' signatures and the executor'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. An affidavit of consideration or value is required for deeds recorded in Currituck County.

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

(North Carolina B&ED Package includes form, guidelines, and completed example)

Important: Your property must be located in Avery County to use these forms. Documents should be recorded at the office below.

This Beneficiary and Executor Deed meets all recording requirements specific to Avery County.

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 Executor 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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