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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5647
Experience:  28 years of experience in general practice, real estate law and estate law.
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I have a question about the deed of assent form you posted

Customer Question

I have a question about the deed of assent form you posted
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 8 months ago.

Welcome and thank you for your question. What State does your question pertain to?

Can you provide the link where the form was posted and please let me know the questions you have with regard to the assent.

"A deed of assent is sometimes used to convey real property to heir(s) who are entitled to the property under a decedent’s will. This type of deed constitutes the executor’s agreement or “assent” to the transfer of the property to the heir(s), after all debts of the decedent have been paid. Once the heir(s) own the property, they are free to deal with it as they choose. This type of deed doesn't contain warranties of title, it conveys only such title as the decedent held while still alive." http://definitions.uslegal.com/d/deed-of-assent/

This a link for a sample Georgia form http://Deed of Assent PDF

Customer: replied 8 months ago.
Georgia and question is is this the right form? I am transferring the property to beneficiaries per the will. Do I take out the line about heirs at law? For the description portion are they just asking for the address or something else? Do I need to include any language from the will on the form, if so I do not see a spot for it? I need to file it by the end of today if possible. Thanks.
http://www.justanswer.com/real-estate-law/6hi9l-find-deed-assent-form.html
Expert:  Attyadvisor replied 8 months ago.

Let me put together some information to assist you.

"+ Deed of Assent

This type of Deed is executed by the Executor when the transfer is made per specific instruction contained the Last Will and Testament of a deceased person. Under Georgia law, where there is a specific devise of real property found in the Will, a Deed of Assent merely acknowledges the passage of title to the party named in the Will.
All Deeds in this category are essentially a type of Quitclaim Deed since they merely convey property that is in an estate, without general warranties of title." https://georgiatitle.com/Buyer-Property-Guidance/Georgia-Deeds-Mortgages/index.html#EstateDeeds

"A deed of assent is an aspect of probate law necessary to transfer a property from the name of a deceased person to the intended heir. The executor of the will, who handles the dispersal of the deceased person's property and belongings, agrees to sign over the property into the heir's name."

Customer: replied 8 months ago.
Do you think you will be able to answer in enough time for me to file before 5pEST today?
Expert:  Attyadvisor replied 8 months ago.

It is very similar to quit claim deed. Are we looking at the same form? the link I provided above?

For the description portion are they just asking for the address or something else? Do I need to include any language from the will on the form,

You would write in a legal description of the property to be transferred. Do you have a copy of the prior deed? This would contain the legal description.

Do I take out the line about heirs at law? I am not sure I understand this question you would be naming the person(s) you are conveying the property to. Which County is the property located in as each recorder's office can assist?

Customer: replied 8 months ago.
a simpler question may be is the deed of assent the same as an executor's deed? if so I can take it from there.
Customer: replied 8 months ago.
the pdf link did not work
Expert:  Attyadvisor replied 8 months ago.

a simpler question may be is the deed of assent the same as an executor's deed? if so I can take it from there. Yes basically. Let me provide a better link. The legal description is what the recorder is looking for. I always state the property is " commonly known as" and write the street address and then add the legal description under the "words more particularly described as" Or Legal Description : Lot 12 in..... Give me one moment to provide you with a form.

Expert:  Attyadvisor replied 8 months ago.

Administrator’sDeed of Assent to Heirs at Law

STATE OF GEORGIA

COUNTY OF_______________

THIS INDENTURE,Made the _____ day of __________, in the year

_______________,between ________________________________, as administrator of the estate of_______________________, deceased, as party or parties of the first part,hereinafter called Grantor, and

__________________________________________,as parties of the second part, hereinafter called Grantee (the words "Grantor"and

"Grantee"to include their respective heirs, successors and assigns where the contextrequires or permits).

Said Grantor isserving as Administrator of the estate of _______________, deceased, pursuantto an order of the Probate Court of ____________ County,

Georgia, dated______________

.

WITNESSETH that:Grantor, for and delivery of these presents, by these presents does hereby remise, convey and forever QUITCLAIM unto the said grantee the following described property: Address

Legal Description

THE purpose of this deed is to assent to the vesting of title to the above property to the heirs at law of ____________________, deceased as a distribution of the property as authorized by O.C.G.A. 53-8-15.

TO HAVE AND TO HOLD the said described premises to grantee, so that neither grantor nor any person or persons claiming under grantor shall at any time, by any means or ways,have, claim or demand any right or title to said premises or appurtenances, or any rights thereof.

IN WITNESS WHEREOF,the Grantor has signed and sealed this deed, the day and year above written.

Signed, sealed and delivered in the presence of:

By______________________________

________________________

WITNESS

________________________

NOTARY PUBLIC

My commission expires: _____________

(Affix Notary Seal

Expert:  Attyadvisor replied 8 months ago.

Please do not hesitate to ask me any additional questions. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it.

Thank you for using JA! We appreciate your business.

Expert:  Attyadvisor replied 8 months ago.
Please let me know if I was able to answer your question. Thank you.
Expert:  Attyadvisor replied 8 months ago.

Thank you.

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