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:
Gathering this information in advance will help streamline the deed creation process.
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.
Maximum number of grantors reached.
Maximum number of grantees reached.
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):
The choices below allow you to choose the warranty of title to apply.
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.
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.
Choose if you do not want the grantor(s) to be responsible for any title issues affecting the property.
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:
Select the choice below that corresponds with your goals.
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.
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.
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.
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.
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.
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
To see an example of how a lot and block legal description appears on an actual deed, see Sample Deed – Lot and Block.
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
To see an example of how a metes and bounds description appears on an actual deed, see Sample Deed – Metes and Bounds.
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.
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.
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.
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.
No Tax Advice
The information contained in this site does not constitute tax advice. Any discussion of tax matters contained in this site is not intended or written to be used, and cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing or recommending to another party any transaction or matter.
We will not provide any service other than access to our drafting software, which you use at your own risk, and related non-legal services. You are representing yourself in any legal matter you undertake through our site.
Our service is not a substitute for the advice of an attorney. We will not provide any legal advice, and your communications with us are not protected by the attorney-client privilege or work product doctrine.
Information on This Site
This site provides an online legal portal to give visitors a general understanding of the law. It also provides an automated software solution to individuals who choose to prepare their own legal documents. The information published on this site is only general information on issues that are commonly encountered.
Although we try to ensure that the information on our website and documents are up-to-date and legally sufficient, the legal information on this site is not legal advice and is not guaranteed to be correct, complete or up-to-date. Because the law changes rapidly, is different from jurisdiction to jurisdiction, and is also subject to varying interpretations by different courts and certain government and administrative bodies, we cannot guarantee that all the information on the site is completely current. The law is a personal matter, and no general information or legal tool like the kind we provide can fit every circumstance. You should not rely upon this site as a substitute for seeking legal advice from an attorney.
The information on this site is general information only and is not specific to your situation. If you have specific legal questions, you should consult with an attorney.
We are not responsible for any loss, injury, claim, liability, or damage related to your use of this site or any site linked to this site, whether from errors or omissions in the content of our site or any other linked sites, from the site being down or from any other use of the site. In short, your use of the site is at your own risk.
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PrivateCounsel expressly disclaims all liability, loss or risk incurred as a direct or indirect consequence of the use of this site. By using this site, you waive any rights or claims you may have against PrivateCounsel in connection with their use. PrivateCounsel does not endorse, and is not responsible for, any third-party content that may be accessed through this site.
Legal Use of this Site
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.
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.
Note that property tax statements may be returned to the same address where the documents are returned.
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.