Detailed Answer
When heirs inherit real estate located outside Rhode Island, they need a clear, simple conveyance to transfer their interests. Under Rhode Island law, the most common instrument is a quitclaim deed. A quitclaim deed transfers whatever interest the grantor (each heir) has in the property without warranties. R.I. Gen. Laws § 34-10-1
1. Choosing the Correct Deed
- Quitclaim Deed: Conveys only the grantor’s existing interest. No title guarantee.
- Special Warranty Deed: Warrants title against grantor’s acts only (rare for estate distributions).
- General Warranty Deed: Fully guarantees title (uncommon where heirs lack title history).
Heirs typically avoid warranty deeds because they cannot guarantee claims before probate.
2. Execution and Acknowledgment
Each heir must sign the quitclaim deed in the presence of an authorized notary. In Rhode Island, notaries follow R.I. Gen. Laws § 34-6-47, which requires the grantor’s in-person appearance, signature, and date. If possible, use a notary in the jurisdiction where the property lies; otherwise, a Rhode Island notary is acceptable, but check the out-of-state recorder’s rules.
3. Recording the Deed
The deed must be recorded in the land records office where the property is located. Recording steps generally include:
- Obtain the original signed, notarized deed.
- Attach any jurisdictional transfer stamps or certificates (e.g., Massachusetts Documentary Stamp if in MA).
- Pay the local recording fee.
- Submit at the county recorder or registry of deeds in the proper county.
If the property were in Rhode Island, you’d record at the town or city clerk’s office under R.I. Gen. Laws § 34-21-3. Out-of-state rules vary, so confirm local requirements.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney to address your specific circumstances.
Helpful Hints
- Obtain a certified copy of the probate order or letters testamentary to show authority.
- Verify each heir’s name and marital status for accurate deed wording.
- Use a complete legal description from the existing deed.
- Check for outstanding liens or mortgages before recording.
- Keep copies of all recorded documents and receipts for your records.