Detailed Answer
When heirs inherit real estate in another jurisdiction, they need a deed that transfers their interest clearly and meets local requirements. Under Arkansas probate law, a personal representative often conveys property by Ark. Code Ann. § 28-41-107 (Personal Representative’s Deed). After the probate court issues a Final Decree of Distribution, the heirs may execute a deed—commonly called an “Heir’s Deed” or “Deed of Distribution”—to reflect their inherited interests.
Because the property lies outside Arkansas, the deed must conform to the recording requirements of the jurisdiction where the land is located. In many states, heirs use a Quitclaim Deed to transfer whatever interest they hold without warranties. If the local jurisdiction allows, you can also use a Special Warranty Deed or General Warranty Deed to provide title assurances to the buyer.
Key steps:
- Obtain certified copies of the Final Decree of Distribution and letters testamentary or administration from the Arkansas probate court.
- Prepare the deed form required by the county recorder or land registry in the jurisdiction of the property. Identify each heir by full legal name and reference the Arkansas case number.
- Include a proper legal description of the property as it appears in the other jurisdiction’s records.
- Sign the deed before a notary public—and in some states, with two disinterested witnesses—per that jurisdiction’s statutes.
- Record the deed in the county where the property is located, paying any recording fees and transfer taxes. Recording rules generally follow Ark. Code Ann. § 16-64-201, but you must comply with the local county recorder’s requirements.
By using a deed form recognized in the property’s jurisdiction and attaching the necessary Arkansas probate documents, heirs ensure clear title transfer and proper recording.
Helpful Hints
- Consult the recorder’s office website in the state where the property lies for approved deed templates.
- Verify whether the jurisdiction requires witnesses in addition to notarization.
- Check for transfer or documentary stamp taxes in the other state before recording.
- Review the Arkansas Final Decree of Distribution to ensure it authorizes out-of-state conveyance.
- Keep certified copies of all recorded documents for your Arkansas probate file.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. You should consult a licensed attorney in the relevant jurisdiction to address your specific circumstances.