Clay County Executor Deed Form (North Carolina)

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

Executor Deed Form

Clay County Executor Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Clay County compliant document last validated/updated 6/5/2024

Executor Deed Guide

Clay County Executor Deed Guide

Line by line guide explaining every blank on the form.
Included Clay County compliant document last validated/updated 5/29/2024

Completed Example of the Executor Deed Document

Clay County Completed Example of the Executor Deed Document

Example of a properly completed form for reference.
Included Clay County compliant document last validated/updated 5/7/2024

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

When using these Executor Deed forms, the subject real estate must be physically located in Clay County. The executed documents should then be recorded in the following office:

Clay County Register of Deeds

261 Courthouse Drive Suite 2, Hayesville, North Carolina 28904

Hours: 8:00 to 5:00 M-F

Phone: (828) 389-0087

Local jurisdictions located in Clay County include:

  • Brasstown
  • Hayesville
  • Warne

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

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 provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Clay County using our eRecording service.
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.

Can the 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.

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.

What type of files are the forms?

All of our Clay County 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.

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.

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.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

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)

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 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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January 19th, 2019

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June 15th, 2022

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February 19th, 2019

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September 14th, 2020

The downloads were a great help in understanding of both what a Warranty Deed was and how to follow the steps as well as filling out the forms.

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November 1st, 2021

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July 11th, 2019

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April 13th, 2019

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April 25th, 2024

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