A New Jersey executor of an estate needs to convey real property belonging to the deceased to a buyer. The executor has the legal authority to sell the property but cannot make personal warranties about the title history. Which type of deed would be MOST appropriate for the executor to use in this situation?
Correct Answer
B) Executor's deed, which conveys the decedent's interest with no personal warranty from the executor
In New Jersey, when an executor (or administrator) of an estate conveys real property on behalf of the decedent's estate, the appropriate instrument is an executor's deed (also called an administrator's deed). This deed conveys the decedent's interest in the property but does not impose personal warranty liability on the executor. The executor acts in a fiduciary capacity and conveys only what the estate holds, without personally warranting the title.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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).
The bundle of rights describes the rights associated with property ownership, allowing owners to use, control, enjoy, exclude others from, and dispose of the property.
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