Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
When heirs inherit real estate in New Jersey—whether via a will or by intestacy—the most common way to transfer their interests is through a quitclaim deed or an executor’s (or administrator’s) deed. The choice depends on whether the estate has opened probate and whether a personal representative (executor or administrator) has been appointed.
1. Quitclaim Deed
A quitclaim deed conveys whatever interest the grantor (heir) holds, without warranties as to title. Heirs may use a quitclaim deed when they all agree on the division of property and title is already clear. This method is fast and inexpensive. The deed must:
- Identify the grantors (all heirs) and the grantee(s).
- Contain a legal description of the property.
- Be signed by all grantors in the presence of a notary public.
- Include the statutory form cover sheet for recording.
2. Executor’s or Administrator’s Deed
If the decedent left a will, the appointed executor signs an executor’s deed. If there is no will, the court appoints an administrator who signs an administrator’s deed. Under New Jersey law (N.J.S.A. 3B:22-10), these deeds carry the grantor’s warranty that the personal representative executed all steps required by probate.
Key requirements include:
- A certified copy of the letters testamentary or letters of administration annexed to the deed.
- Proof of the will’s admission to probate (for executors).
- A full legal description of the conveyed property.
- Signatures of the personal representative before a notary.
3. Recording the Deed
All deeds conveying real property in New Jersey must be recorded in the county where the property is located. Follow these steps:
- Prepare the original deed with all required signatures and notary acknowledgments.
- Attach any required documents:
– Certified letters testamentary or of administration (for executor’s deeds).
– Affidavit of surviving spouse (if applicable). - Complete the New Jersey Real Estate Conveyance Form (Form A-295a) and submit it with the deed. See Real Estate Conveyance Form.
- Pay the recording fees and Realty Transfer Fee to the county recording office as set out in N.J.S.A. 46:15–5 et seq. (see N.J. Stat. § 46).
- Deliver the package to the county clerk or register of deeds. The clerk will stamp and return a recorded copy.
Once recorded, the deed becomes part of the public record, formally transferring title from the grantors to the grantee(s).
Helpful Hints
- Verify the legal description against the last recorded deed to avoid errors.
- Obtain a title search to confirm there are no unresolved liens or encumbrances.
- Keep certified copies of all probate documents handy when recording an executor’s or administrator’s deed.
- Confirm fee schedules with your county clerk; fees vary by county and by transaction size.
- Consider a short title insurance policy for the grantee(s) to guard against undiscovered title defects.