I am the executor of an estate of an individual who was a resident of New Jersey upon death. The decedent owned residential real estate in Plymouth County Massachusetts under a Warranty Deed. The property was bequeathed to a Testamentary Trust. During the ancilliary probate process in Massachusetts an attorney prepared a Quitclaim Deed to transfer title from the decedent to the Trust.
Is it normal to step down in quality from a Warranty Deed to a Quitclaim Deed under the above facts?
Should a Deed of Distribution be used instead of a Quitclaim Deed?
1 Answer from Attorneys
A deed with statutory quitclaim covenants is standard in Massachusetts and is similar to special warranty deeds used in other jurisdictions. I recommend you use an attorney in any real estate transaction.