Q: Can I use a quit claim deed for heirs to convey their interest then later use a warranty deed to sell the property?
About 8 of us are heirs to a small piece of property in Vance County North Carolina with a value of approximately $7,000. Can the heirs convey their interest to a single heir using the quit claim process and then the single heir sell the property to a non-heir/unrelated person using a warranty deed?
A: Any of that could happen, but you need to consider what needs to be done. A derivation of title clause for the heirs' source of title must be drafted and placed in the legal description. An affidavit may need to be recorded first. Quit Claim Deeds convey the estates, but Warranty Deeds also carry suable covenants guaranteeing the title as stated. It is doubtful heirs would sue each other, but non-heir grantees might and will often demand Warranty Deeds from grantors. Hire a competent NC attorney to draft the instruments.
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A: First, this question needs to be answered by a NC lawyer, where the property is located. Second, if the property has not yet been deeded to the heirs by the estate of the deceased titled owner, then then you do not need to go through these hoops and extra steps: just have the Personal Representative (or executor) of the estate sell the property to whomever wants to buy it, then collect and distribute the sales proceeds in equal shares to the heirs. The PR of the estate only needs to execute a single deed, to the purchaser.
1 user found this answer helpful
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