Title to an owner’s real estate can be trans- ferred at the death of the owner by
Question & Answer
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warranty deed.
A warranty deed is incorrect because it provides broad warranties against title defects throughout the property's history, which is excessive for an estate executor who only controlled the property during the administration period, not during the deceased owner's entire ownership.
special warranty deed.
trustee’s deed.
A trustee's deed is incorrect because it's used specifically for transferring property held in a trust, not for property passing through probate or intestate succession following an owner's death.
last will and testament.
A last will and testament is incorrect because while it directs how property should be distributed after death, it does not itself transfer title. The will must be probated and the property conveyed through a deed or other legal mechanism.
Why is this correct?
A special warranty deed is the correct answer because it's the instrument typically used by an executor or administrator to transfer property from an estate to beneficiaries after the owner's death. While the will directs the transfer, the actual conveyance is accomplished through a deed, with special warranty deed being most appropriate as it warrants only against title defects that occurred during the executor's administration of the estate.
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