Oregon 30-Hour Real Estate Law Practice Test

What type of deed is used to convey real property from a decedent's estate to a buyer?

1. Executor's deed.

2. General warranty deed.

3. Quitclaim deed.

4. Special warranty deed.

The correct answer is: Executor's deed.

An executor's deed is specifically designed to transfer real property from a decedent's estate to a buyer, following the proper probate process. This type of deed is executed by the executor of the estate who is authorized to manage the deceased individual’s affairs and handle the distribution of their assets. The executor's deed ensures that the new owner receives the property with the authority and legal backing of the estate, confirming that the transfer is sanctioned by the probate court. In contrast, a general warranty deed provides comprehensive protection to the grantee, guaranteeing that the grantor holds clear title to the property and has the right to convey it, covering all past ownership issues. However, it is not specifically tied to the process of handling a decedent’s estate. A quitclaim deed entails the transfer of whatever interest the grantor has in the property without any warranties regarding the title. This type of deed does not provide the same legal assurances as an executor’s deed and is generally used when the parties know each other well or when the transfer does not involve a monetary transaction. A special warranty deed offers some limited guarantees, typically that the grantor has not caused any defects in the title during their period of ownership. Similar to the general warranty deed, it does not have the