Detailed Answer
When heirs inherit real estate and wish to transfer their interests in property located outside Nebraska, they commonly use one of two deeds:
- Quitclaim Deed: Each heir executes a quitclaim deed to convey whatever interest they hold. This deed makes no warranties but efficiently transfers the grantor’s existing interest. Nebraska recognizes quitclaim deeds under its conveyancing statutes (Neb. Rev. Stat. ch. 76).
- Personal Representative’s Deed: If the estate has gone through probate, the appointed personal representative (executor under a will or administrator for an intestate estate) conveys title via a personal representative’s deed. This instrument references court authority and conveys title free of the decedent’s interest. See Neb. Rev. Stat. § 30-2489.
Execution and Acknowledgment
All heirs (or the personal representative) must sign the deed before a notary public. Each grantor’s signature must be acknowledged per state law to ensure the instrument qualifies for recording.
Recording the Deed
File the original, notarized deed at the register of deeds (or recorder) in the county where the property lies. Recording requirements generally include:
- Filing fee (varies by county)
- Proper legal description (metes and bounds or lot and block)
- Certified copy of letters testamentary or administration when using a personal representative’s deed
Recording provides public notice of the transfer. After recording, obtain a certified copy stamped by the office for your records.
Helpful Hints
- Confirm whether probate is required; if not, heirs may use a quitclaim deed directly.
- Use the exact legal description; avoid street addresses alone.
- Ensure all grantors sign and acknowledge the deed in front of a notary.
- Attach certified letters testamentary or of administration when applicable.
- Check the destination county’s recording fees and form requirements.
- Obtain and retain a stamped, recorded copy of the deed.
- Consult local counsel if the property’s jurisdiction has unique rules.
Disclaimer: This article provides general information under Nebraska law and does not constitute legal advice. For guidance specific to your situation, consult a licensed attorney in the relevant jurisdiction.