Legal Question in Wills and Trusts in Maine

Deed of Distribution

What is a deed of distribution? Will it properly transfer property to a person that inherits property from a parent? What happens when and if you want to sell a piece of property that is transferred by a deed of distribution. Is it as good as a warranty deed?

Asked on 3/06/03, 9:46 pm

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: Deed of Distribution

A deed of distribution is the method by which an estate, either by a Will (testate) or without a Will (intestacy) conveys an interest in property to an heir. The representative of the estate grants the deed, which assuming that the representative has the proper Probate Court authority and the usual formalities of execution, delivery and recording of a deed are met, is as effective a transfer of property rights as any other deed. Although it is not a warranty deed, this fact is not likely to negatively impact any subsequent transfer by the heir to a third party down the line due to the availability of title insurance.

My office does a great deal of representation of both representatives of estate and beneficiaries and creditors of estates and I would be happy to discuss planning in more detail as necessary.

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Answered on 3/07/03, 10:52 am

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