Glossary
Fiduciary Deed
A fiduciary deed is a legal document used to transfer real estate from one party to another when the seller is acting in a fiduciary capacity—such as a trustee, executor, guardian, or power of attorney. It guarantees the fiduciary has the authority to sell the property but offers limited warranties about the property’s title.
When is a fiduciary deed used?
It’s commonly used in situations involving estates, trusts, conservatorships, or court-appointed sales—such as when an executor sells property on behalf of a deceased person.
What warranties are included in a fiduciary deed?
Unlike general warranty deeds, a fiduciary deed typically provides limited or no warranties about the title. It only assures the fiduciary is authorized to make the transfer.
Is a fiduciary deed legally binding?
Yes, as long as the fiduciary has proper legal authority and follows state-specific procedures, the deed is valid and enforceable.
How is a fiduciary deed different from a quitclaim deed?
A quitclaim deed transfers whatever interest the grantor has without guarantees. A fiduciary deed adds assurance that the fiduciary is acting within their legal capacity but still offers limited title protection.
Do fiduciary deeds need court approval?
Sometimes. In many probate or guardianship cases, the fiduciary must obtain court approval before transferring property using a fiduciary deed.
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