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Mike Smith
  • Tempe, AZ
7
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22
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General Warranty Deed vs Probate Deed?

Mike Smith
  • Tempe, AZ
Posted
I am in the process of purchasing an off market home in which the owned is deceased. We are working with the seller's probate attorney and she mentioned we would receive a "probate deed, not a general warranty deed". She then went on to say that they aren't the same, at least she doesn't "think they are". I'm not looking for legal advice, I will speak with an attorney tomorrow. But can someone in the BP community shed some light on the difference between the two? Are there concerns we should be aware of with regard to a probate deed? My purchase contract states "title to the above described real estate to be conveyed by Warranty Deed or other customary instrument of transfer..." Do I need to modify that language to cover a probate deed? Any help/info/guidance is greatly appreciated!

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