Detailed Answer
When heirs inherit property located outside Vermont, they must choose a deed that properly conveys their interest under the target state’s laws and record it in that jurisdiction’s land records. Under Vermont law, heirs often use a quitclaim deed or an administrator’s (or executor’s) deed following probate distribution.
1. Quitclaim Deed
A quitclaim deed transfers only the interest the grantor holds at the time of conveyance. Heirs can execute a multi-grantor quitclaim deed to remove their ownership interests. This deed type is common when no title guarantee is needed.
2. Administrator’s (Executor’s) Deed
If an estate is open in Vermont probate, the personal representative may execute a deed under 14 V.S.A. § 610 (link). The court’s distribution order authorizes the deed, which conveys title to purchasers or consolidates interests among heirs.
3. Form and Acknowledgment
The deed must include:
- A legal description of the property
- The names of all grantors and grantees
- Granting language (e.g., “CONVEY and QUITCLAIM”)
- Acknowledgment by a notary public
4. Recording the Deed
Even though Vermont records real estate interests under 27 V.S.A. § 602 (link) and defines deeds in 27 V.S.A. § 641 (link), the deed must be recorded in the county recorder or registry of deeds where the property is situated. Steps include:
- Delivering the original signed and acknowledged deed.
- Filing it at the appropriate county recorder’s office.
- Paying applicable recording fees.
- Obtaining a recorded copy for your records.
This process provides constructive notice to the public and ensures clear title transfer.
Disclaimer: This article offers general legal information and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.
Helpful Hints
- Verify the deed requirements in the state where the property is located.
- Use a quitclaim deed for simple interest transfer without warranties.
- Consider an administrator’s deed when dealing with probate property.
- Obtain proper notarization and acknowledgments to meet jurisdictional rules.
- Record the deed promptly to protect the title.
- Retain a certified copy of the recorded deed for your records.