The Deed of Sale For Deceased Owner is a specialized legal instrument used in Canadian jurisdictions when transferring real property from a deceased person's estate. This document becomes necessary when an executor or administrator needs to sell property that was owned by a deceased person as part of estate administration. It must comply with provincial property laws, federal tax regulations, and estate administration requirements. The deed includes crucial elements such as executor authorization, probate details, property description, and specific warranties limited to estate sales. It differs from standard property transfers due to the additional requirements for estate administration, including references to probate documents, death certificates, and executor authority. This document type is particularly important as it provides protection for both the estate and the purchaser while ensuring proper transfer of title in accordance with Canadian legal requirements.
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1. Parties: Identifies the executor/administrator as seller (including details of their appointment) and the purchaser
2. Background: Recitals establishing the death of the owner, grant of probate/letters of administration, and authority to sell
3. Definitions: Defines key terms used throughout the deed, including references to the deceased, the estate, and property-related terms
4. Property Description: Detailed legal description of the property being sold
5. Consideration: States the purchase price and payment terms
6. Transfer of Title: Legal language effectuating the transfer of property from the estate to the purchaser
7. Executor's Representations: Confirms executor's authority and capacity to sell the property
8. Title Warranties: Limited warranties regarding title and estate's ownership
9. Closing Conditions: Conditions that must be met before the sale can complete
10. Execution Requirements: Specifies how the deed must be executed to be valid
1. Survivorship Rights: Required when the deceased owned the property jointly with others
2. Beneficiary Consent: Include when beneficiary approval is required or obtained for the sale
3. Court Approval: Required when court authorization is needed for the sale
4. Mortgage Discharge: Include when existing mortgages need to be discharged
5. Special Estate Conditions: Add when there are specific conditions from the will affecting the sale
6. Tax Indemnity: Include when specific tax obligations need to be addressed
7. Environmental Warranties: Required for properties with potential environmental concerns
1. Schedule A - Property Details: Complete legal description, including plans and surveys
2. Schedule B - Grant of Probate: Copy of probate or letters of administration
3. Schedule C - Death Certificate: Certified copy of the deceased's death certificate
4. Schedule D - Executor's Authorization: Documentation proving executor's authority to sell
5. Schedule E - Title Documents: Copies of relevant title documents and search results
6. Schedule F - Beneficiary Consents: If applicable, signed consents from estate beneficiaries
7. Appendix 1 - Property Tax Certificates: Current property tax statements and clearances
8. Appendix 2 - Estate Clearance Certificates: Tax clearance certificates from relevant authorities
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Relevant Teams
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Property Administration
Estate Administration
Conveyancing
Document Processing
Title Services
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Succession Planning
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Relevant Roles
Estate Lawyer
Real Estate Attorney
Property Conveyancer
Estate Administrator
Probate Specialist
Real Estate Agent
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Estate Planning Advisor
Property Law Clerk
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Real Estate Paralegal
Estate Settlement Officer
Property Transfer Coordinator
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