Inside Witecki Law Office

A deed is a document used by the owner of real property to transfer or convey a right, title, or interest in or to real property. A deed can transfer either partial or full ownership interest in real property, including easements and life estates. The deed must be in writing and duly acknowledged.

The person transferring the property is called the “grantor” and the person receiving it is called the “grantee.” The amount of money given in exchange for the property is called the “consideration.” Our office has prepared over a thousand deeds, and our office knows the ins and outs of anything you may wish to do with your property via a deed.

In New York, there are several different types of deeds, depending on what rights are being transferred and who is transferring the rights. The most common types of deeds include:

Deed with Full Covenants – also called a General Warranty Deed; it provides the most protection for the grantee because the grantor is promising that:

  • he or she is the owner of the property and has the right to sell it;
  • the property is free from any liens or encumbrances unless specifically identified in the deed;
  • the grantee’s title is good against anyone who challenges it; and
  • the grantor will be liable if title is not good.

Executor’s or Administrator’s Deed – is a deed from the estate of an individual that is used to transfer property from a deceased person’s estate to their heirs, or to others if the estate is selling the property on the open market and distributing the proceeds to the heirs. The executor’s deed is used when the decedent died with a Will, and the administrator’s deed is used when the decedent died without a Will.

Quitclaim Deed – Provides the grantee with the least protection; it contains no promises or warranties, and only conveys whatever title and interest the grantor actually has. The grantor is basically saying that the grantor might have an interest in the property and they are transferring the interest the grantor might have. This type of deed is generally used between family members or in a divorce situation, or in a tax sale or foreclosure situation.

Trustee Deed – This is a deed from the Trustee of a Trust to the new owners of the real property. The new owners can either be individuals or an entity purchasing the real property from the trust or can be beneficiaries of the trust who are receiving the real property according to the terms under which the trust was established.

The Witecki Law Office provides the following estate planning services: Wills and Trusts, Asset Protection, Medicaid Planning, Elder Law, Powers of Attorney, Probate and Administration, Guardianships, and Health Care Proxies.