(A) If distribution in kind (whether real or personal property) is made, the personal representative must execute an instrument or deed of distribution assigning, transferring, or releasing the assets to the distributee as evidence of the distributee's title to the property.
(B) If the decedent dies intestate or devises real property to a distributee, the personal representative's execution of a deed of distribution of real property constitutes a release of the personal representative's power over the title to the real property, equivalent to that of an absolute owner, in trust, however, for the benefit of the creditors and others interested in the estate, provided by Section 62-3-711(a). The deed of distribution affords the distributee, and his purchasers or encumbrancers, the protection provided in Sections 62-3-908 and 62-3-910.
(C) If the decedent devises real property to a personal representative, either in a specific or residuary devise, the personal representative's execution of a deed of distribution of the real property constitutes a transfer of the title to the real property from the personal representative to the distributee, as well as a release of the personal representative's power over the title to the real property, equivalent to that of an absolute owner, in trust, however, for the benefit of the creditors and others interested in the estate, provided by Section 62-3-711(a). The deed of distribution affords the distributee, and his purchasers or encumbrancers, the protection provided in Sections 62-3-908 and 62-3-910.
(D) The personal representative's execution of an instrument or deed of distribution of personal property constitutes a transfer of the title to the personal property from the personal representative to the distributee, as well as a release of the personal representative's power over the title to the personal property, equivalent to that of an absolute owner, in trust, however, for the benefit of the creditors and others interested in the estate, provided by Section 62-3-711(a).
(E) Prior to recording the deed of distribution:
(1) the deed of distribution must be examined by the probate judge to determine that the grantee or grantees named in the deed of distribution conform to the terms of the will or, in cases of intestacy, to the heirs at law as shown on Form 300PC. The seal of the probate court must be impressed upon the first page of the deed of distribution indicating that the examination has been completed; or
(2) the deed or distribution must be accompanied by an affidavit from a licensed attorney asserting that the grantee or grantees named in the deed of distribution conform to the terms of the will, or in cases of intestacy, to the heirs at law as shown on Form 300PC.