Madison County Executor Deed Form (North Carolina)
All Madison County specific forms and documents listed below are included in your immediate download package:
Executor Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Madison County compliant document last validated/updated 9/11/2024
Executor Deed Guide
Line by line guide explaining every blank on the form.
Included Madison County compliant document last validated/updated 7/11/2024
Completed Example of the Executor Deed Document
Example of a properly completed form for reference.
Included Madison County compliant document last validated/updated 11/12/2024
The following North Carolina and Madison County supplemental forms are included as a courtesy with your order:
When using these Executor Deed forms, the subject real estate must be physically located in Madison County. The executed documents should then be recorded in the following office:
Madison County Register of Deeds
Admin Bldg - 5707 Highway 25/70 / PO Box 66, Marshall, North Carolina 28753
Hours: 8:00 to 5:00 M-F
Phone: (828) 649-3131
Local jurisdictions located in Madison County include:
- Hot Springs
- Mars Hill
- Marshall
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Madison County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Madison County using our eRecording service.
Are these forms guaranteed to be recordable in Madison County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Madison County including margin requirements, content requirements, font and font size requirements.
Can the Executor Deed forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Madison County that you need to transfer you would only need to order our forms once for all of your properties in Madison County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by North Carolina or Madison County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Madison County Executor Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
Probate is the legal process of proving a decedent's (deceased person's) will, if any, valid and settling his or her estate. An executor is the personal representative named in the decedent's will to administer his or her estate.
When the estate's assets are not sufficient to pay debts, the executor may need to sell the decedent's real property. In North Carolina, title to real property vests in the decedent's heirs upon death, and a special proceeding is typically required to bring the property into the estate.
Under N.C.G.S. 28A-15-1(c), a special proceeding before the clerk of superior court is not required for a sale by a personal representative made pursuant to authority given by a will, which permission may include a general provision granting authority to the personal representative to sell the testator's real property, or incorporation by reference of the provisions of N.C.G.S. 32-27(2).
An executor's deed is an instrument executed by the executor of the decedent's will to convey an interest in real property from a testate estate (so called when the decedent leaves a will) to a purchaser. Personal representatives' deeds typically carry limited warranties of title, commensurate with the office of a fiduciary. This means that the executor covenants that he has not placed or suffered to be placed any presently existing liens or encumbrances on the property conveyed, and warrants and defends the title against the lawful claims of all persons claiming by, through, under, or on account of decedent's estate, insofar as it is the executor's duty to do by virtue of his office, but no further.
Recitals of an executor's deed include information regarding the probated will, including the date of death, the county of probate, and the file number assigned to the decedent's estate by the clerk of superior court. In addition, the deed contains a statement that the executor named within was appointed by the decedent's will and is duly qualified to administer the estate; an explanation of the provisions of the will that authorize the executor to sell real property; and a statement that such sale is within the best interests of the estate.
A lawful deed in North Carolina states the consideration made for the transfer of title, contains an accurate legal description of the subject parcel, and recites the grantor's source of title. When properly executed and recorded, the executor's deed vests title to the within-described property in the named grantee(s). Any restrictions to the transfer should be noted in the body of the deed.
The executor's signature must be acknowledged in the presence of a notarial official before the deed can be recorded in the county where the subject property is located. An affidavit of consideration or value may be required.
Opinions differ in North Carolina on best practices when executing a fiduciary deed. Some buyers may be hesitant to accept a deed executed by the PR without court authority or without execution by the decedent's heirs. Consult a lawyer for guidance when conveying a decedent's real property. Consult an attorney licensed in the State of North Carolina with questions regarding executor's deeds, as each situation is unique.
(North Carolina ED Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Madison County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Madison County Executor Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
4.8 out of 5 - ( 4436 Reviews )
Michael S.
November 27th, 2024
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We are delighted to have been of service. Thank you for the positive review!
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November 24th, 2024
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James S.
November 21st, 2024
Forms used, created quitclaim deed that the county accepted without a second look (turns out they see deeds.com forms regularly via erecording and in person). Will be back for any real estate related forms I need and they carry. Will always be my first stop. Also, will use erecording next time, mad I didn't see it this time.
Thanks for the kind words James, glad we could help. Look forward to seeing you again.
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June 9th, 2022
Its exactly what it said it was. I received multiple downloads, loaded fast and was pretty easy to navigate.
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September 16th, 2024
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June 9th, 2021
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January 24th, 2024
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June 28th, 2021
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October 5th, 2023
The three people we dealt with were courteous and helpful.
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May 6th, 2021
I appreciate the formatting to match the expectations of the specific Registry of Deeds that I will be filing with. That is very helpful. In my case the easement is for septic disposal field and sample wording for different purposes would be helpful.
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May 24th, 2022
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February 11th, 2022
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March 10th, 2023
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November 4th, 2021
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February 21st, 2020
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