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Step 1 of 23 - State

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    If you are creating multiple entries, you can use this entry to help distinguish it from other entries. Otherwise, leave it blank.
  • Get the Deed Form That's Right for You

    This interview will help create a customized, state-specific deed in minutes. It guides you through a step-by-step interview to help you determine the type of deed and the language you need to achieve your goals. We support all of the most popular deed types—including quitclaim deeds, life estate deeds, lady bird deeds, special warranty deeds, warranty deeds, and more. When the interview is complete, your software will create the deed and any related documents. It will also provide you with clear instructions about how to sign and record the deed.

    Before we get started, there are a few items that you will need to collect:

    • Prior deed to the property.  You will need the prior deed to the property. If you are the current owner, this is the deed that transferred the property to you.
    • Names and addresses.  You will need the names and addresses of every person, business, or trust that is transferring the property. You will also need the names and addresses of every person, business, or trust that is receiving the property.

    Gathering this information in advance will help streamline the deed creation process.

  • Select the state where the property is located.
  • North Carolina Restrictions

    In an effort to keep online document preparation companies from providing a lower-cost alternative to lawyers, the North Carolina Bar classified online legal document preparation as the unauthorized practice of law. After a lawsuit by an online legal form provider in 2015, the parties settled and legislation was enacted to provide an alternative for online legal document preparation while still helping lawyers maintain their monopoly on the provision of services in North Carolina.

    Pursuant to N.C. Gen. Stat. § 84-2.2, all persons, firms, or companies that operate a website that offers consumers access to interactive software that generates a legal document based on the consumer’s answers to questions presented by the software that complies with the requirements of the statute must register with the North Carolina State Bar by completing a Website Document Provider Registration before commencing operation in North Carolina. This Registration is fairly onerous and requires companies to meet certain criteria that are out-of-step with common practice in other jurisdictions.

    We are evaluating whether to proceed with the North Carolina registration process. In the meantime, we cannot provide our online deed preparation service in North Carolina. If you would like us to put you in touch with an attorney to help with your deed preparation needs, please contact us for assistance.

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    Fields that are populated based on other fields or other form submissions.
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    Tenancy by the entirety is a form of co-ownership between spouses in some states.
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    Enhanced life estate deeds, often called lady bird deeds, are a special form of life estate deed that gives the grantor retained control over the property during life, including the right to use the property for profit or to sell the property without involving the remainder beneficiaries.
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    Use the following format: A ___ to B. For example, "remises, releases, and quitclaims."
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    Use the following format: A and B ___ to C. For example, "remise, release, and quitclaim."
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    Use the following format: A ___ to B. For example, "grants, bargains, sells, and conveys without warranty."
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    Use the following format: A ___ to B. For example, "grants, bargains, sells, and conveys without warranty."
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    Use the following format: A ___ to B. For example, "bargains, sells, conveys, and warrants specially."
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    Use the following format: A and B ___ to C. For example, "bargain, sell, convey, and warrant specially."
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    Use the following format: A ___ to B. For example, "bargains, sells, conveys, and warrants generally."
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    Use the following format: A and B ___ to C. For example, "bargain, sell, convey, and warrant generally."
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    A trust certificate may be called, by other names, such as a certification of trust, trust certification, or affidavit of trust.
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    Fill in the blank: The transfer tax is assessed at a rate of _____.
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    Do not include the transfer tax return described above (if applicable).
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    Fill in the blank: An informational return is required ____. For example, "if the consideration is not stated on the face of the deed."
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    For example, "chancery clerk" or "circuit court"
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    For example, "land records" or "record of deeds"
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    Fill in the blank: Recording costs ___. For example, "are $12.50 for the first page and $8.00 for each additional page."
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    Some states require the property tax number, also called an assessor's number or tax parcel number, to be included on the deed.
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    Some states require the deed to include the book and page or instrument number of the prior recorded deed.
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    Some states require deeds to include the name of the title insurance underwriter insuring such instrument or a statement that the existence of title insurance is unknown.
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    Please enter a number from 1 to 4.
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    Calculated Fields

    Fields that we calculate through the controller or set in the interview.
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    The product name, including the state
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    Just the legal name of the document
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  • Each state has its own legal requirements for deeds. Your deed will be customized for use in .
  • County Information

    Enter the following information about the local jurisdiction where the property is located.
  • Fill in the blank: The property is in the ____ ___________District. For example, "First Judicial" or "Nineteenth Recording."
  • City or Town

    Indicate the city, town, or other jurisdiction where the property is located. The answers will be displayed in this format: __________ of __________. For example, "City of Philadephia" or "Town of Fowler."

  • OF
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  • Special Circumstances

    This section helps us identify special circumstances that could affect the deed.
  • If no current owner (grantor) is being represented by an agent under a power of attorney, answer No when asked Will an agent under a power of attorney will sign documents on behalf of one or more current owners?, then click here to return to the final interview screen.
  • Deceased Owners

  • Because a deed must be signed by living owners (or their legally appointed representatives), you cannot use this form to transfer a deceased owner's interest in real estate. If the owner co-owned the property with other owners with right of survivorship, or if the owner used an estate planning deed (like a life estate deed, lady bird deed, transfer-on-death deed, or beneficiary deed), you may be able to use a survivorship affidavit to remove the deceased owner from the property records. You can create a survivorship affidavit using our Survivorship Affidavit interview and file it along with the deed created by this interview.
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  • Goals

    The next step is to be sure that we are creating the right type of deed for you. If you are unsure of the type of deed you need, the questions below can help you with your choice.
  • Adding a Spouse to a Deed

    Special considerations apply if the property is owned by one current owner and the person being added to the deed is the current owner's spouse.
  • Answer Yes only if the property is owned by one owner that is adding his or her spouse to the deed.
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  • Estate Planning Deed Type

  • The following deed types can all be used to avoid probate in your state. For more information about how deeds can be used to avoid probate, see How to Avoid Probate of Real Estate.
  • You will be given the option to create a 1 once you enter the names of at least two people on the upcoming New Owner Information screen. Note that a survivorship right requires at least two people (new owners) to jointly own the property.
  • This is not the correct interview for a transfer-on-death deed (TOD deed). Visit our Transfer-on-Death Deed interview to create a TOD deed.
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  • Current Owner Information

    The current owners of the property that will sign the deed are called grantors. Use the Add Grantor button below to add the name and address of each grantor. Do not enter any deceased owners on this screen.
  • If an agent under a power of attorney will sign documents on behalf of a current owner (grantor), click Edit by the owner that is represented by an agent. Answer Yes when asked Will an agent under a power of attorney sign documents on behalf of this person?, then answer the questions relating to the agent. Once you have entered the required information, click here to return to the final interview screen.
  • Grantor Name Actions
     
    Use the Add Grantor button below to add grantors.

    Maximum number of grantors reached.

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  • Spouse 1 Information

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  • Review the prior deed to the property. Does this spouse's name differ in any way from the way the prior deed is worded? If so, choose "Yes."
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  • Spouse 2 Information

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  • Review the prior deed to the property. Does this spouse's name differ in any way from the way the prior deed is worded? If so, choose "Yes."
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  • New Owner Information

    The owners that will own the property after the deed is complete are called grantees. Use the Add Grantee button below to add the name and address of each grantee.
  • This screen should only include the owners that are being added to the deed, not the current owner(s). Click Delete to remove the current owner (grantor) from this New Owner Information screen, then click here to return to the final interview screen.
  • Grantee Name Actions
     
    Use the Add Grantee button below to add grantees.

    Maximum number of grantees reached.

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  • Divorce Information

    This section allows you to enter information about the decree, judgments, or other court document that ordered or approved the divorce. If the divorce is not yet final, or if you do not have this information, change your answer on the Goals screen to "Make a lifetime transfer of the property to one or more new owners" and complete the interview listing the parties marital status at the time that the deed will be signed.
  • Answer Yes if this person resides on the property and uses it as a principal place of residence.
  • Enter the title of the court-ordered or court-approved divorce decree or judgment. For example, "Final Decree of Divorce" (with no period or closing punctuation).
  • MM slash DD slash YYYY
  • Enter the name of the court that issued or approved the divorce decree, judgment, or settlement. For example, "District Court of Travis County, Texas."
  • Enter the cause number from the divorce decree of judgment. For example, "Cause No. 2018-3456" or "Case No. 2019-12."
  • Trust Information

    Enter the following information about the trust that will own the property.
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  • Do not include the date. The date will be supplied based on the date you select below.
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  • Enter the number of trustees currently serving. Do not include successor trustees.
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  • Trustee 1

    Enter the following information about the first trustee.
  • Trustee 2

    Enter the following information about the second trustee.
  • Trustee 3

    Enter the following information about the first trustee.
  • Trustee 4

    Enter the following information about the first trustee.
  • Trust Beneficiaries

    Enter the names and addresses of the beneficiaries of the trust listed above. Use the (+) button to add additional beneficiaries.
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  • Warranty of Title

    In the real estate context, a warranty of title is a guarantee that the transferor of real estate has the right to transfer ownership and that no one else can claim ownership of the property.

    If the deed includes a warranty of title and it turns out that there is a problem with title to the property—for example, if there is an undisclosed mortgage, a tax lien against the property, or an outstanding boundary dispute—the transferee may sue the transferor for breaching the warranty.

    Most deeds are named after the warranty of title they provide. In , the following types of deeds are identified by their warranty of title (or lack thereof):

    • . Provides an absolute covenant/warranty of title that covers anything that could affect title to the property, including actions that occurred before the current owner owned the property. Places all risk on the transferor. Often used in the sale context, when the seller is receiving value for the property.
    • . Provides an absolute covenant/warranty of title that covers anything that could affect title to the property, but only covers issues that arose while the current owner owned the property. Divides the risk between the transferor (who is responsible for issues that arose during the transferor's ownership) and the transferee (who is responsible for issues that arose before or after the transferor owned the property).
    • . Provides no warranty of title. The transferee acquires whatever interest the transferor has. The transferor is not responsible for any title issues, regardless of when they arose. All risk is on the transferee. A is used most often when transferring property to spouses or family members as a gift (without consideration).

    The choices below allow you to choose the warranty of title to apply.

  • If you know the type of deed you would like, choose it from the options below. Otherwise, choose Help Me Decide for assistance with determining the right deed form for you.
  • The decision of what warranty of title to provide depends on your goals and can vary from deed to deed.

    A warranty of title is a legal guarantee from the current owner (grantor) to the new owner (grantee) that there are no title issues. If a deed makes a warranty of title, the grantee can sue the grantor over any title issues.

    Title issues can be caused by many things, including errors in the public record, unknown liens against the property, undisclosed prior conveyances, forged deeds, missing heirs or unprobated wills, or disputes about boundary lines or surveys.

    The questions below will help determine the correct warranty of title to include in the deed. For more information, see our discussion of Warranties of Title.
  • Most people choose "No" if the property is being transferred as a gift between family members or others that are in a close personal relationship OR if the transfer will take effect at death (e.g., a lady bird deed or TOD deed).
  • Choose if you want the grantor(s) to be responsible for all title issues, including those that relate to the time before the grantor(s) owned the property.

    Choose if you want the grantor(s) to be responsible for only title issues that relate to the time that the grantor(s) owned the property.

  • Suggestion:

    Choose if you do not want the grantor(s) to be responsible for any title issues affecting the property.

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  • Form of Co-Ownership

    There are several ways that individuals may own property together. Although there is some variation in how the law applies between states, law generally recognizes the following forms of co-ownership for this situation:

    • Tenancy in Common – On the death of an owner, the property passes to the deceased owner's probate estate to be transferred under his or her will (if any) or as provided under state law. Before death, each owner may freely dispose of his or her interest.

    Select the choice below that corresponds with your goals.

  • Right of Survivorship

    law allows real estate to titled as community property with right of survivorship. The right of survivorship means that the property passes automatically to the surviving spouse on the first spouse’s death. Because title transfers automatically, there is no need to involve the property in a probate proceeding. This makes community property with right of survivorship a great technique for avoiding probate of real estate.

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  • Reservations and Exceptions to Conveyance and Warranty

    A reservation and exception clause in a deed identifies any issues affecting real estate that are not part of the transfer to the new owner. This clause ensures that the current owners do not attempt to transfer anything that they do not own. If the deed includes a warranty of title, the reservations and exceptions identify items that are excluded from the warranty, thereby protecting the current owner from a claim that he or she breached the warranty of title.

    Reservation and exception clauses usually exclude anything that has been recorded in the land records that could affect the property. If, for example, a prior owner reserved the mineral rights to the property, the current owner does not own the mineral rights and thus cannot convey them to the new owner. The reservation and exception clause makes it clear that the prior reservation of mineral rights is not included in the conveyance or the warranty.

    The clause below will be included in the deed. Although you are free to do so, we do not recommend making changes to this clause unless you have experience with drafting deeds to real estate and understand the legal implications of the changes.

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  • Deed Consideration

    This section will help determine the consideration to include on the deed. Consideration is a legal term to describe what each party is getting out of a legal transaction. In the deed context, it can be thought of as what is being given in exchange for the property. Real estate may be transferred with or without consideration, depending on state law.

  • Under 1 law, it is customary or required for deeds to state that some form of value—known as consideration—was received in exchange for the property. To meet this requirement, your deed will state that the property is being transferred for “the sum of Ten Dollars ($10.00) and other good and valuable consideration." This is a common way of addressing this issue and is well-accepted in 1.
  • If you do not state the purchase price in the deed, you may need to file a separate document when you file the deed. When you transfer real estate in 1, you must either state the actual purchase price on the deed or file a separate 1 to let the taxing authority determine the amount of tax due on the transfer. This 1 should not be complicated and, in some cases, may be required regardless of what the deed says. But if you want to avoid having to file the return, consider changing your answer to list the actual purchase price of the property.
  • North Dakota law requires the deeds to include a statement, signed by the new owner or an agent of the new owner, about the amount paid (consideration) for the property. The questions below will determine whether an exemption applies. If not, the deed will include a space to enter the amount of consideration as required by North Dakota law.
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  • Legal Description

    To be valid, a deed or affidavit must include a legal description. The legal description for the deed or affidavit purposes is not the same as the legal description from the property tax records. You should not use the description from the property tax records as the legal description. Make sure to get the legal description from the prior deed.

  • How to Find a Legal Description

    A legal description is a description of real estate that is sufficient to identify it for legal purposes. The best source of the legal description is the prior deed to the property (the deed that conveyed the property to the current owner or owners).

    To locate the legal description in the prior deed, look for words of introduction like '… described as follows.' This language indicates that the legal description is about to begin. The legal description is often double-indented or set in boldface type to set it apart from the rest of the deed.

    Example of Subdivision (Lot and Block) Legal Description

    If real estate is located in a subdivision, the legal description may be very simple. It will typically refer to one or more lots, the block (or blocks) on which the lots are located, the subdivision name, and the county and state.

    Lot and Block Legal Description

    Lot and Block Legal Description

    To see an example of how a lot and block legal description appears on an actual deed, see Sample Deed – Lot and Block.

    Example of Survey (Metes and Bounds) Legal Description

    A metes and bounds description describes the property by locating it within the public surveying system. The boundaries of the property are described by working around a parcel of real estate in sequence, starting with a point of beginning. The point of beginning could be a landmark or a point described based in the United States Public Land Survey System. Here’s an example of a metes and bounds description:

    Metes and Bounds Legal Description

    Metes and Bounds Legal Description

    To see an example of how a metes and bounds description appears on an actual deed, see Sample Deed – Metes and Bounds.

  • Selecting I will attach the legal description to the document will include a cover page for an exhibit that you can "attach" by adding the typed legal description on a separate document to be filed along with the deed. If your prior deed used an attached legal description, you may be able to use a copy of the same attachment.
  • Enter the legal description for the property. To find the legal description, look at the deed that conveyed the property to the current owner. For more information on how to locate and type a legal description, see What is a Legal Description of Real Estate?

  • Enter the used to identify the property for local property tax purposes. It may go by different names, depending on the county. To locate it, look at prior tax statements, the prior deed to the property, or the city or county property tax records. Most counties have online search tools to search the property tax records.

    Leaving this answer blank will insert a blank space on the document to be filled in later.

  • Enter the indexing instructions. This information is required in your state in order to follow the chain of title. The indexing instructions provide identifying information about the property—such as the lot number, section, township, range, and subdivision (when applicable). You can usually copy the indexing instructions from the prior deed.
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  • Prior Deed Information

    Enter information about the deed that transferred the property to the owner that is currently transferring the property. This information is used to connect the chain of title between owners.
  • Enter the name of the owner or owners that transferred the property to the person who is currently transferring the property. This is usually the person listed as "Grantor" in the most recently recorded deed.
  • Enter the title of the deed or other instrument that that transferred the property to the person who is currently transferring the property. This is usually the person listed as "Grantor" in the most recently recorded deed.
  • Fill in the blank for the Instrument Number or Book/Page Number: The prior instrument was recorded _________. This information is usually stamped on the document by the clerk at the time that the document was recorded. Examples: "as Instrument No. 2011013487" or "in Book 8B at Page 38"
  • Enter the date that the prior instrument was signed. If more than one owner signed the prior instrument, enter the date of the last signature.
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  • Enter the date that the prior instrument was recorded. The date would have been stamped on the prior instrument by the clerk at the time that the prior instrument is recorded.
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  • State law requires the deed to state either the name of the title insurance underwriter insuring the deed or a statement that the existence of title insurance is unknown. If you do not plan to purchase a title insurance policy, choose the first option.
  • List the name of the title insurance underwriter that will insure the deed.
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  • Transfer Tax Exemptions

    applies to transfers of real estate. Some deeds are exempt from , as long as the basis for the exemption is stated on the deed or a related document.

    This section helps you determine whether the transfer is exempt from . If so, our software will include (or provide instructions for how to include) the required statement on the deed or a related document.

  • Select the transfer tax exemption that applies to this transfer (if any).
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  • Informational Return Exemptions

    You may be required to file an informational return known as a when you file your deed. Although this form is not complex, some people wish to avoid filing it if an exemption applies.

    This section allows you to determine whether an exemption applies. If so, your deed will include language that matches the choice you make in this section.

  • Select the Informational Return exemption that applies to this transfer (if any).
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  • California Recording Fee

    For transfers after January 1, 2018, Cal. Gov’t Code § 27388.1 imposes an additional $75 recording fee on any "real estate instrument, paper, or notice required or permitted by law to be recorded." The term real estate instrument is broadly defined and generally includes all deeds to California real estate.
  • A Note on Transfers to California Trusts: Although the language of the exemption specifically refers to "a transfer of real property that is a residential dwelling to an owner-occupier," we have heard from customers that local tax offices are treating a transfer to a trust as a transfer to an owner-occupier.

    Selecting Document is a transfer of real property that is a residential dwelling to an owner‐occupier below could avoid the $75 recording fee. Please check with the county recorder for specific requirements or if you have any questions.

  • There are a few exceptions to the $75 recording fee. To claim an exemption, the deed or other instrument must include a declaration of exemption specifying the reason for exemption. If the transfer is exempt from transfer tax, do not choose the first option.
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  • Interest Conveyed

    Enter the following information about the interest conveyed. As a general rule, if all property owners are signing the deed (which is usually recommended), then the deed should convey the entire property.
  • If this document deals with only a partial interest in the property, select "Partial Interest." Otherwise, select "Entire Interest."
  • This document relates to an undivided ___ interest in the property (e.g., 1/2, 50 percent).
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  • Signing Information (Optional)

    Enter the following information about the place and date of signature. If you are unsure when or where the document will be signed, or if the document will be signed by different owners in multiple states, click Next to skip to the next section.
  • Select the state in which this document will be signed. If unsure, leave blank.
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  • Document Options

    The options below can help further customize your document to meet your preferences.
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  • PDF files do not require word processing software like Microsoft Word. The disadvantage of PDF files is that they are difficult to edit after assembly (although you can always contact us if you need to change your answers). Microsoft Word files can be edited in Microsoft Word (or compatible software) after the document is created.
  • Our software will look for items like improper capitalization and attempt to correct them. If you would like to turn this feature off, select No. It is usually best to leave the answer as Yes.
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    You agree to use this site in compliance with all applicable laws, including your state’s property transfer and recording laws and all applicable tax laws. You also agree to indemnify and hold PrivateCounsel harmless from and against any and all claims, damages, losses or obligations arising from any use of this site that is illegal or improper.

    Information You Provide
    Once they are recorded, deeds are a matter of public record. The information that we require to prepare the deed includes only the minimum amount necessary to identify the parties, the property, the preparer, and other elements. We anticipate that all of this information will become a matter of public record when the deeds are filed.
    As part of the normal operation of the underlying software, our platform stores information that you have entered (as well as a copy of the formation documents generated based on such information) so that the underlying software can operate as designed. By using our software, you confirm that you have authority to share any information that you furnish. PrivateCounsel disclaims any and all liability in connection with the collection, use or disclosure of the information furnished by you or otherwise collected by this tool.

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    PrivateCounsel at its sole discretion and at any time may choose to change the terms, conditions, content and operation of this site without any obligation to notify any person, including any prior user of this site. PrivateCounsel also reserves the right to refuse to provide access to this site, and it shall not be liable for any losses resulting from such refusal.

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  • Preparer Information

    Enter the following information about the person preparing this document.
  • Under state law, a preparer must be either a Maryland attorney or a party to the deed.
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  • Do you want to correct your email address? Once complete Click Here
  • It is important to enter a valid e-mail address and to check that e-mail address for any correspondence from us. We do not sell your e-mail address or use it for anything other than communicating with you about this matter.
  • The preparer's phone number will be included on the preparer information statement on the deed.
  • Use the full context. For example, if your Texas bar number is 12345, enter "Texas Bar No. 12345" instead of just "12345."
  • After signing and notarizing the deed as described in the instructions we will provide, you will record (file) the deed in the land records. If you would like the recorded deed to be returned to an address other than the one listed above, select Yes and enter the address below. Otherwise, select No.

    Note that property tax statements may be returned to the same address where the documents are returned.

  • Return-To Address

    Enter the name and address where the documents should be returned once they are recorded.
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  • Final Review

  • The completed 1 will be delivered to you by e-mail at 1. If that e-mail address is incorrect, please use the Previous button below to correct the e-mail address before submitting this form.
  • Warning: Power of Attorney Discrepancy | It looks like you indicated that an agent under a power of attorney would sign the deed on behalf of one or more of the current owners, but failed to identify an owner that is represented by the agent under the power of attorney. You may want to review your answers before clicking the Finalize button below.

    If no current owner (grantor) is being represented by an agent under a power of attorney, click here to return to the Special Circumstances screen and change your answer. If an agent under a power of attorney will sign documents on behalf of a current owner (grantor), click here to return to the Current Owner Information screen, then click Edit by the owner that is represented by an agent and enter the agent's information.

  • Your documents delivered to 1 may be delivered to your spam folder. Please check this folder if you do not recieve your documents. If you want to change your email Click Here
  • Warning: Duplicate New Owner Entry | It looks like you entered the same person on both the Current Owner Information screen and the New Owner Information screen. If your goal is to add an owner to the title to the property, you should only list the person being added to the property on the New Owner Information screen. You may want to check this before clicking the Finalize button below. Click here to review your answers.
  • General Details  Edit
    Property Location:
    Deed Type:
    Special Circumstances  Edit
    Signed by agent under power of attorney? No
    Are any of the current owners deceased? No
    Goal  Edit
    What are your goals for this deed?
    Current Owner ( That Owns Property Before the Deed is Signed)  Edit
    New Owner ( That Will Own Property After the Deed is Signed)  Edit
    Warranty of Title  Edit
    Warranty of Title Selected:
    Deed Consideration  Edit
    Consideration:
    Legal Description  Edit
    Legal Description Option:
    Interest Conveyed  Edit
    Interest Conveyed:
    Signing Information  Edit
    Signing State (Optional): Unanswered (to be filled in on document at signing)
    Preparer Information  Edit
    Gender:
    Name:
    Email:
    Address:
    Attorney? No
    Different return-to address? No
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