Clay County Beneficiary and Executor Deed Forms (North Carolina)
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Form Package
Beneficiary and Executor Deed
State
North Carolina
Area
Clay County
Price
$27.97
Delivery
Immediate Download
Payment Information
Included Forms
All Clay County specific forms and documents listed below are included in your immediate download package:
Beneficiary and Executor Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last reviewed/updated 12/18/2023
Beneficiary and Executor Deed Guide
Line by line guide explaining every blank on the form.
Included document last reviewed/updated 4/4/2024
Completed Example of the Beneficiary and Executor Deed Document
Example of a properly completed form for reference.
Included document last reviewed/updated 3/29/2024
Included Supplemental Documents
The following North Carolina and Clay County supplemental forms are included as a courtesy with your order.
Frequently Asked Questions:
How long does it take to get my forms?
Forms are available immediately after submitting payment.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by North Carolina or Clay County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
How do I get my forms, are they emailed?
Forms are NOT emailed to you. Immediately after you submit payment, the Clay County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be sent to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance.
What type of files are the forms?
All of our Clay County Beneficiary and Executor Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Can the Beneficiary and Executor Deed forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Clay County that you need to transfer you would only need to order our forms once for all of your properties in Clay County.
Are these forms guaranteed to be recordable in Clay County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Clay County including margin requirements, content requirements, font and font size requirements.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
Areas Covered by These Beneficiary and Executor Deed Forms:
- Clay County
Including:
- Brasstown
- Hayesville
- Warne
What is the North Carolina Beneficiary and Executor Deed
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)
Our Promise
The documents you receive here will meet, or exceed, the Clay 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 Clay 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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