Helen recently passed away, leaving a home in Ann Arbor. The probate court appointed her son David as the personal representative of her estate. David needs to transfer the property to the estate's beneficiary. Which type of deed would David MOST likely use in his capacity as personal representative?
Correct Answer
B) Personal representative's deed
A personal representative's deed (sometimes called an executor's deed or administrator's deed) is the appropriate instrument when a court-appointed personal representative transfers real property from a decedent's estate. Under Michigan probate law, the personal representative acts in a fiduciary capacity and conveys property pursuant to the probate court's authority. This deed type is specifically recognized under Michigan's Estates and Protected Individuals Code (EPIC) and conveys the estate's interest without personal warranty from the representative.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.
Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).
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