Detailed Answer
Under Massachusetts law, when heirs need to transfer their interests in real property, the appropriate deed depends on whether the estate went through probate and if a personal representative holds title.
Executor’s or Administrator’s Deed
If the decedent’s estate undergoes probate, the court appoints a personal representative (executor under a will or administrator if intestate) and issues letters testamentary or letters of administration. The personal representative then executes an Executor’s Deed or Administrator’s Deed. This deed conveys clear title and often includes covenants of warranty. It must identify the estate’s probate docket number and reference Massachusetts probate law (M.G.L. c.190B).
Heirs’ Quitclaim Deed
If the estate qualifies as a small estate and no probate administration occurs, heirs at law may convey property by signing a Quitclaim Deed, commonly called an “Heirs’ Deed.” This instrument transfers whatever interest the grantor has but provides no warranties. Each heir must sign before a notary and reference the decedent’s name and date of death.
Recording the Deed
After execution and notarization, record the deed at the registry of deeds in the county where the property lies. Massachusetts requires presentation in compliance with M.G.L. c.185 §11. Include the probate case number (if applicable) in the certificate of value. Pay the recording fee and deed excise tax under M.G.L. c.64D. For specific forms and rates, visit the Massachusetts Registries of Deeds website.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Determine whether the estate required probate before choosing a deed type.
- Obtain letters testamentary or letters of administration for a probated estate.
- Ensure all signatories appear before a notary for acknowledgment.
- Reference the probate docket number and decedent details on the deed.
- Order a title search to identify liens or encumbrances before transfer.
- Confirm the correct registry of deeds for the property’s location.
- Calculate and include the deed excise tax per M.G.L. c.64D.
- Retain certified copies of the recorded deed for your records.