Fiduciary Deed: Fill & Download for Free

Let me answer the same from a legal perspective.A deed can be defined as a written instrument, signed and delivered by one individual, known as the grantor, conveys the title of the real property to another individual, known as the guarantee. In other words, a deed is a signed legal instrument that provides specific rights of an asset to the guarantee, giving them the privilege of ownership.There are various kinds of legal deeds in India:General Warranty DeedSpecial Warranty DeedQuitclaim DeedBargain and Sale DeedGrant DeedFiduciary DeedTrust DeedCourt Order DeedHope this answer helps.

As a representative of an estate, a fiduciary deed (or personal representative deed, or whatever it is called in your jurisdiction) means you can convey property without having to make guarantees/warranties about the property that you (as someone who hasn't personally owned the property) might not feel comfortable making. The warranties made by a deed such as this would typically be limited to things such as you were validly appointed by the probate court and that you have authority to transfer the property and that you are doing so in compliance with all applicable laws. A general warranty deed contains many more covenants / warranties / guarantees, such as the property is free and clear from all encumbrances (other than those disclosed), and various others about defending title against anyone for all time.A personal representative typically may, if they choose, issue a deed with more covenants than are necessary, however, it is possible that the representative would be held liable for any issues (rather than the estate being held liable for any issues) if a claim is made on the additional warranties granted in a general warranty deed (over and above those of a personal representative deed).As for title insurance - that is what anybody who grants a general warranty deed relies on to protect them against liability if a claim on those warranties is made. However, at the same time, if one of those warranties is breached, that does not guarantee that a title insurance policy will cover the claim. Just like any insurance policy, there are exceptions (although I've no idea what the percentage of denied claims are, I imagine it's probably lower than something like a homeowner or auto policy....)Therefore, if you can still make a deal with a personal representative deed, that is safer for you. However, if the deal will fall through unless you make general warranties, you have to decide if the increased risk to you (no matter how slight) is worth it to make the deal...,

Sort of like asking if hair and red hair are the same thing. All warranty deeds are deeds; not all deeds are warranty deeds.Warranty deeds contain warranties, either explicitly or by containing words that local law deems to incorporate certain warranties. Generally, the term “warranty deed” means a deed that warrants that the grantor has unencumbered title to the property being transferred, except to the extent the deed says otherwise. Certain other types of deeds may also include warranties (again, either explicitly or by operation of law); for example, a fiduciary deed (a deed from a trustee or executor) may implicitly warrant that the fiduciary has not done anything to encumber the title. Deeds that provide no warranties are referred to as quit claim deeds (but, in some jurisdictions, even a so-called quit claim deed may have limited warranties) and simply transfer to the grantee whatever interest the grantor owns without any warranty that the grantor actually owns any interest at all, or that his interest (if any) if free of encumbrances.