Forms of deeds and conveyance after death

Deeds transfer interests; covenants promise protection

A deed conveys the grantor's interest to the grantee. Its title promises are a separate question. In New York, Real Property Law § 251 says covenants are not implied. Read the promises actually included, rather than assuming that any deed guarantees good title.

A full covenant and warranty deed gives broad title covenants, including ownership and the right to convey, quiet enjoyment, freedom from encumbrances, further assurances, and warranty of title. New York's full-covenant form appears in Real Property Law § 258. General warranty protection can reach defects arising before the grantor owned the property. A special warranty deed limits its warranty to claims arising through the grantor.

A bargain and sale deed conveys property without necessarily providing title warranties. A covenant against grantor's acts, when included, adds limited protection against the grantor's own conduct. A quitclaim deed transfers whatever interest the grantor has without title warranties; it can transfer full ownership if that is what the grantor owns. Neither the deed's label nor its covenants substitute for a title examination. New York recognizes bargain and sale deeds as grants under Real Property Law § 246.

When an owner dies

A person who dies testate leaves a valid will; a person who dies intestate leaves property not disposed of by a valid will. A devise is a testamentary gift of real property. Probate establishes a will's validity, while estate administration addresses obligations and distribution. An executor serves under a will; an administrator generally serves when there is no will. Their deeds convey in a representative capacity and should not be confused with personal general warranties. Actual authority and deed terms matter.

For an ordinary attested New York will, the testator signs at the end, signs or acknowledges the signature to the witnesses, declares the document to be a will, and obtains the required witness attestations. New York ordinarily requires at least two attesting witnesses. Special will exceptions require separate analysis. Intestate succession distributes property under law, rather than according to a relative's preference. Property held with an effective right of survivorship passes to the survivor outside the will. A tenancy-in-common interest has no such survivorship right.

Under New York Real Property Law § 274, a transfer of an interest in a decedent's estate must be written and acknowledged or proved as required for recording. Recording also matters to priority against a later good-faith purchaser for value who records first. These requirements are distinct from deciding who inherits.