Avery County Executor Deed Form

Avery County Executor Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.

Avery County Executor Deed Guide
Line by line guide explaining every blank on the form.

Avery County Completed Example of the Executor Deed Document
Example of a properly completed form for reference.
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:
Where to Record Your Documents
Avery County Register of Deeds
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:
- White-out or correction fluid may cause rejection
- Check margin requirements - usually 1-2 inches at top
- Leave recording info boxes blank - the office fills these
- Recorded documents become public record - avoid including SSNs
- Bring extra funds - fees can vary by document type and page count
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
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 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 typically required to bring the property into the estate.
Under N.C.G.S. 28A-15-1(c), a special proceeding before the clerk of superior court is not required for a sale by a personal representative made pursuant to authority given by a will, which permission may include a general provision granting authority to the personal representative to sell the testator's real property, or incorporation by reference of the provisions of N.C.G.S. 32-27(2).
An executor's deed is an instrument executed 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. Personal representatives' deeds typically carry limited warranties of title, commensurate with the office of a fiduciary. This means that the executor covenants that he has not placed or suffered to be placed any presently existing liens or encumbrances on the property conveyed, and warrants and defends the title against the lawful claims of all persons claiming by, through, under, or on account of decedent's estate, insofar as it is the executor's duty to do by virtue of his office, but no further.
Recitals of an executor's deed include 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 a statement that the executor named within was appointed by the decedent's will and is duly qualified to administer the estate; an explanation of the provisions of the will that authorize the executor to sell real property; and a statement that such sale is within the best interests of the estate.
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 executor'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.
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 may be required.
Opinions differ in North Carolina on best practices when executing a fiduciary deed. Some buyers may be hesitant to accept a deed executed by the PR without court authority or without execution by the decedent's heirs. Consult a lawyer for guidance when conveying a decedent's real property. Consult an attorney licensed in the State of North Carolina with questions regarding executor's deeds, as each situation is unique.
(North Carolina 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 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 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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May 29th, 2020
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