Asked in Real Estate Law for Connecticut

Q: Is an executors deed necessary in CT or is affidavit pursuant to CGS 49-12 A enough?

Property passed via will to the decedents children. An affidavit regarding real estate was recorded pursuant to CGS 49-12A, but there is no executors deed. Is an actual deed necessary, or is the affidavit enough?

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1 Lawyer Answer
Nicole M. Camporeale
Nicole M. Camporeale
Answered
  • Orange, CT
  • Licensed in Connecticut

A: In order to transfer real estate from one person to another, a deed is always required. When transferring property out of a testate estate, an executor's deed is used to transfer the property to the beneficiaries, and is recorded on the land records. Additional Probate documents are also required to be issued by the court and in most circumstances, recorded on the land records as well. Usually the affidavit of facts is just used to clarify or correct an issue on the title, not to transfer property from an estate. I recommend consulting an attorney who can analysis your specific situation and advise on what still needs to be done. Best of luck.

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