What type of deed is used when someone dies intestate?

Study for the Magnolia Real Estate State Exam. Sharpen your skills with flashcards and multiple-choice questions; each question offers hints and explanations. Prepare to excel in your exam!

When someone dies intestate, which means without a valid will, the distribution of their property is handled according to the laws of intestacy in the jurisdiction. In such cases, a personal representative (often an administrator) is appointed by the probate court to manage the deceased person’s estate. This representative has the authority to transfer property on behalf of the deceased.

The personal representative's deed is specifically designed for situations where property needs to be conveyed from an estate to beneficiaries or buyers, reflecting the fact that the transfer is conducted not by the deceased but by their legally appointed representative. This deed serves to ensure that the transfer is valid and legally binding, recognizing the authority given to the personal representative under probate law.

In contrast, a warranty deed provides a guarantee of clear title from the seller to the buyer, which is not applicable here since the original owner is deceased and has not explicitly conveyed his or her rights through a will. A quitclaim deed relinquishes any claim to property without warranty, which doesn’t suit the needs of properly transferring an estate's assets under probate. A life estate deed pertains to a specific type of ownership where the grantor retains certain rights for their lifetime, which is not relevant when handling intestate succession.

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