In a Sale
What This Means When the House Is Being Sold
Which type of deed applies to an estate sale depends entirely on where authority comes from. A personal representative typically signs an executor's or administrator's deed. A trustee typically signs a trustee's deed. The wrong deed type, or a deed signed by the wrong person, is a defect title will catch before closing, so confirming the correct form early avoids a signature that has to be redone.
Compare
Not to Be Confused With
- This TermDeed
- Often Mistaken ForQuitclaim Deed
- Often Mistaken ForTrustee’s Deed
- Often Mistaken ForDeed of Distribution
What Tells Them Apart
Deed is the general term for any instrument transferring property. Quitclaim Deed and Trustee's Deed are specific forms used in particular situations, a quitclaim conveying whatever interest exists with no warranty, a trustee's deed conveying property out of a trust. Deed of Distribution is the specific form used to transfer estate property to heirs or beneficiaries after probate.
Questions
Questions People Ask
Who signs the deed when a house is sold out of an estate?
Whoever holds the authority. A personal representative signs an executor's or administrator's deed, and a trustee signs a trustee's deed. The wrong deed type, or a deed signed by the wrong person, is a defect title will catch before closing, so confirming the correct form early avoids a signature that has to be redone.