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Title will usually change by operation of law or else will require a probate proceeding. They can help you understand the implications and obstacles to making changes at federal, state, and local levels. Call 1-800-GEORGIA to verify that a website is an official website of the State of Georgia. You dont want to find yourself in legal limbo or do something to affect any current or future mortgage payments you have. Box 10227. It has a current market value of $250,000. Work with a Clever Partner Agent to get it done right. The transfer on . NOTE: The Recorder of Deeds office does not provide blank forms of any kind. Fill out our online form or call us to get connected with one of our talented agents. This can cause problems down the line. He lives by the mantra of Learn 1 new thing each day! If you get married and change your name, it's smart to also change the title on your home. The survivors split the interests. former spouses relationship is far from amicable. This document may carry a different title in different areas. Grant deeds do not have to be recorded to be valid, nor do they have to be notarized. Common inaccuracies include incorrect legal descriptions of property lines or wrong names of people. It can also be between a grantor to their beneficiary. The person who wrote the Will should have included a statement that they bequeath the property to you upon their passing, including a full description of the property in question. Every deed identifies the real property involved, the person conveying the property, called the grantor, and the person or persons taking title, termed the grantee or grantees. Copy of your Georgia driver's license or identification card. Formerly a filer (typically a real estate closing attorney) completed one multi-part PT-61 form and submitted that paper form to the Clerk as part of the deed filing package. Jim Treebold is a North Carolina based writer. Joint tenancy is a way two or more people can hold property. Schedule a meeting with a notary to have your deed notarized. Create Document. This is also the least expensive method, and you can download these forms online. an interest in a piece of real estate, your ownership is reflected by your name If you need any assistance updating or setting up an estate plan, were here to help! . Title 44, Chapter 5, Article 2 (Conveyances). Eventually, when all but the final joint tenant dies, the last person standing will have total rights to the property. These forms may vary by county and can be provided by the Clerks Office of the Superior Court. An affidavit of survivorship is a legal document used to remove a deceased owner from title to property by recording evidence of the deceased owner's death in the land records. Gifting your home Update your name on government identification (such as your Georgia drivers license, Social Security card, and U.S. passport) and other important records. company may have a preference as to exactly how FKAs are signed, and a quick To change, add or remove a name on your deed a new deed needs to be recorded reflecting the change. You will be brought to this page: Step 5 Enter in the name of the grantor. Recognize that sole ownership could be problematic. Youve got a great name, doesnt it make sense for it to be written correctly on a house deed? CTRL + SPACE for auto-complete. Which method is used by the court will depend upon the law and common practice of the . that laws regarding quitclaim deeds vary by state, so find out exactly what State of Georgia government websites and email systems use georgia.gov or ga.gov at the end of the address. Getting a divorce 2022 Electronic Forms LLC. Frankly there's not a reason you must do it, although it tidies up land records but if you want to almost any lawyer in Georgia can cheaply draft a deed and PT-61 to do it. In this deed, spell out your full legal name and address, plus the full legal name and address of your loved one who passed away. The taxable amount is based on the fair market value of the property as determined by a licensed appraiser. the recorder in the town in which the property is located. The deed usually: Identifies the buyer (grantee) and the seller (grantor) Identifies the purchase price. This allows third partieslike title companies and lendersto easily see that the document is being filed to correct a prior deed. This means that there are two people on the deed, and upon the passing of one of those people, the deed belongs to the surviving owner. There are different types of deeds depending on your situation and your needs. It will cost about $10 to $12 to record and while lawyers may charge varying fees, you should likely spend no more than a couple hundred dollars and . Step 4: Draft a New Deed that Names You as the Property Owner. With any type of deed, you will need to obtain proper proof that the previous owner of the home has passed away. Find GIS Maps, Land Records, Property Records, and Tax Records related to Dekalb County Recorder of Deeds. Usually the filing and recording process takes from four to eight weeks, and . By submitting this form you agree to our Privacy Policy & Terms. Best Way to Legally Change a Child's Last Name, How To Check Immigration Status Online With An Alien Number. Obtain a Form for a Deed. the property on your current deed. Berkeley's Boalt Hall, and an MA and MFA from San Francisco State. Many people think they can come into the office and change the present recorded deed with a form, but that is not the case. If you decide to sell your home or take out a mortgage, its Real Estate: (770) 288-8022. Youll also be required to pay a filing fee in person or include a check if youre sending your materials in by mail. Secondly, it states that the property is not burdened by encumbrances apart from those the seller has already disclosed to the buyer. There can be a variety of circumstances in which you might want to change who is registered as legal owner of a property. CountyOffice.org does not provide consumer reports and is not a consumer reporting agency as defined by the Fair Credit Reporting Act (FCRA). Information deemed reliable but not guaranteed, you should always confirm this information with the proper agency prior to acting. If you see more than one grantee on the deed and the term "right of survivorship," you know that the deceased's interest will pass to the other owners by operation of law. Otherwise, a property is typically jointly-owned or single-owner. Keep a copy of these forms for your record. Signed, Delivered and Recorded. This is all that's necessary to make the name changes effective; however, standard real estate practice in your area, especially for the sale of a home, may require filing the deed with the county recorder's office, or similar government . When you request to change your name, you are required to publicize your petition and wait at least 30 days before a hearing. Assume, for example, that the prior deed is a California quitclaim deed. Third party advertisements support hosting, listing verification, updates, and site maintenance. Local, state, and federal government websites often end in .gov. The date of completion should be completed once the transfer has been executed. Effective . Newly married Most states will require proof that the Will has been probated before you can change the deed. Bring all your required forms and documents with you. If you decide to change a deed without a lawyer, you should proceed with caution. What Percentage of DUI Cases End Up Being Dismissed? Copy of your Georgia driver's license or identification card. While a quitclaim deed is the easiest way to make a name change on a deed, some people may feel more comfortable consulting an attorney to have these changes made. A will usually names someone to captain this process, termed the executor. grantee. The procedure for changing a real estate deed after the owner dies depends on how the deceased owner held title to the property. That the deed does not become effective until the . Next, find out the nature of ownership on this particular property. The business community gained 24-hour, seven-day-a-week desktop access to the land records of each county through the Internet and at each of the . Articles Real Estate Deeds Made Easy Since 1997. That means that the seller agrees to defend . The deed will become official once it has been signed by both parties. Inheritance Tax on Joint Tenancy With Right of Survivorship. The process of removing a name from the title deeds. you dont have to change the deed to reflect that the property is now owned by 2. 7031 Koll Center Pkwy, Pleasanton, CA 94566. How To Become A Lawyer Without Going To Law School, How To Change Your Social Security Number & Get. Keep a copy of this number for your record. How to change a name on a real estate title or deed. transfer the whole of the property in one or more registered titles, to register the property for the first time. In that case, the deed title will probably . marriage, divorce, death or just the changing of a legal name. Complete, review and sign the quitclaim or warranty form. He takes charge of the deceased's assets including managing the real property, taking inventory of the assets, paying bills as they come due, finding the beneficiaries and, ultimately, with court approval, distributing the assets to the appropriate people. You can find a lawyer through the, Proof of identity and current name, such as a valid Georgia drivers license. You will want to do several searches for the property in question, including a lien search and a real estate search. your state requires in terms of notarization, recording and other details. How do you get the name of the deceased person off of the title? Be sure to name any co-owners on this new deed if you co-inherited the property with anyone else in your property. The purpose of the Recorder of Deeds is to ensure the accuracy of Barrow County property and land records and to preserve their continuity. You will need a copy of their death certificate to submit along with the copy of the new deed, as required by your countys administrative services. An application must be made to change the register you can do this by contacting the number below or sending us an email and one of our team will call you back. A talented and cost-effective real estate agent will edit any names on a house deed. The form is straightforward to complete provided that you have all the information to hand. In either case, when one spouse dies, the other takes title by operation of law. life continues to happen, and you want to be prepared. After checking for accuracy, use a deed form that allows you to fill in the blanks. In this case, its making sure your name is on the deed. If you are in over your head with unpaid mortgage payments, changing the ownership of your property may trigger any Due on Sale clauses listed in your lender agreement. It can also attach to community property interests. However, if This page explains the different options for subscribing. Our mailing address for requesting copies and sending in documents for recording is: Regular Mail. However, once you click search you will be brought to this login page where you have to create an account. Georgia; Property ownership and transfers; A copy of your marriage license should If the deceased owner held the property in joint tenancy with others, this will be stated directly in the deed and the "others" will be named. This deeds the property to you automatically upon their death, and serves as your property deed used in conjunction with a copy of the death certificate. Best low commission real estate companies, Best we buy houses for cash companies, Are you a top realtor? 4. An official website of the State of Georgia. In this case, the stamp duty payable . If you're looking to remove your name, you must fill out the quitclaim form, using the same name found on the title deed. Before transfer, we will check whether the property has been previously registered. Anytime that a business entity or person acquires an interest in a portion of a physical property, a deed is created, transferred or amended. State of Georgia government websites and email systems use "georgia.gov" or "ga.gov" at the end of the address. record one deed. Perhaps the easiest way to change a name on a real estate deed is via a quitclaim deed. If a "Deed" cannot be found for a particular property, it usually means that the last deed transfer occurred before 1983 and there has not been any deed transfers since. Perhaps you In Georgia, you can make a living trust to avoid probate for virtually any asset you ownreal estate, bank accounts, vehicles, and so on. Required forms for your petition, such as a Petition to Change Name, a Verification form, and a Notice of Petition. Answer (1 of 6): Property tax bills are in the name of the owner of the property (record owner). One major reason that quitclaims are not utilized often with mortgaged homes is because they offer little to no guarantees. You can go to the Superior Court clerks office to conduct a search in person, or you can go to this site to conduct a search in all counties by going to the Clerks Authority Website. Once a deed is recorded it cannot be changed. Co-owners can hold property in several different ways including as tenants in common, joint tenants, community property or tenants in the entirety. Jim loves to write, read, pedal around on his electric bike and dream of big things. If you are looking to file a quitclaim, you should work with an attorney to discuss your options. Thenand this is crucialyou must transfer ownership . But was she the only grantee? The required waiting period for an adult name change in Georgia is 30 days from the date of filing in court. (Real property includes a house and the land that it sits on.) A limited warranty has a limited guarantee in that the seller warrants that he or she is legally able to pass title and that he or she hasnt encumbered, or granted any interest, in the property since they owned it, but they do not guarantee that any transfers that happened before they acquired the property were clean transfers. Transfers of real property must be in writing . Every deed identifies the real property involved, the person conveying the property, called the grantor, and the person or persons taking title, termed the grantee or grantees. Be aware that the transfer of property via name change on a house deed may call for transfer taxes in your state, these taxes can be costly to homeowners. If you filed for a name change when you applied for your marriage license in order to take the name of your spouse, your marriage certificate from your countys probate court is your legal name change document. The notary will then stamp the transfer deed to make it valid. probably wise not to wait too long before making the switch. You must complete and sign all required paperwork for your full hearing. If the property was owned by one person, or more specifically there is only one person on the deed, then there should be no complications moving forward. There are all sorts of reasons, short of a sale or purchase, If you inherit a house, changing the deed is one of the first things youll want to do. The first step is to sign it. After your deed has been drafted, youll need to take a couple more steps to finalize it. A deed is a legal document that transfers ownership of real estate. The seller warrants that he or she has a clean title and that he or she has the legal authority to transfer the property to the buyer. Do You Need to Change Homeowner's Insurance If You. The draft of the new deed should include your full legal name, your current address, and the deceased's full legal name. If you fail to attend your hearing, the court may dismiss your case. This page explains the different options for subscribing. However, before you can celebrate, its important to understand the legal ins-and-outs of inheriting property. When you prepare to sell your home or want to refinance your mortgage, it may be a good idea to ensure that all of your documents have the same name listed. The Georgia deed forms are a method by which property in Georgia is transferred, or conveyed, from one person to another. Use your FKA name as the grantor and your new name as the Our support agents are standing by to assist you. However, if the property was jointly-owned, then you will need to take some extra steps. Signing (Ga. Code Ann., 44-5-30) A notary public must attest to the execution of the deed, along with one other witness. marriage certificate, or. Executing a will. The Gain an understanding of Georgia real property from The Law Office of Paul Black in Atlanta, Georgia. The screens look different to the filer . 1. Hire a real estate attorney to prepare the deed. If you don't love your Clever partner agent, you can request to meet with another, or shake hands and go a different direction. In the new eFiling process, the filer simply logs on to the Authority web site from their office and completes the "form" on-line. unexpected does happen and you havent yet changed the name on the deed, there . When you submit a name change petition, you are required to publish a notice of your request. . How Much Does It Cost to Change Your Name? Grant deeds contain two guarantees. In this case, you know that the deceased owner was one of the grantees. You're going to need to change the property deed to include your name. In the event the property owner decides that . Once youve done that, you can rest assured that the home is truly your own. In San Francisco, it is called an "Affidavit of Death of Joint Tenant" and must be registered with the Office of the Assessor-Recorder in Hall, located in Justin Herman Plaza. Generally, the judge will have two ways of doing this: Find your ex-spouse in contempt of court, and sentence him or her to jail until a quit claim deed is signed; or. Searches can be performed by name, property (subdivision, unit, block and lot) or instrument type . The notary will then instruct you to sign the document in their presence. This is common practice for most legal documents to take effect. 133 Montgomery Street, Room 304. The application once submitted is verified and the change in a name records approved usually in 15 to 30 day period. relating to courts and property, provide for the filing of electronic images of maps, plats and plans. The quitclaim, on the other hand, has no guarantee, but the seller is releasing any claim he or she has to the property to the buyer. A beneficiary deed would protect the decedent's estate. If the deceased owner took title to the property entirely in her own name, the property will more than likely have to go through probate. Create a Website Account - Manage notification subscriptions, save form progress and more. However, dont sign it just yet. This person will verify your identification to make sure that the signing of the deed is legitimate, and that you are who you claim to be. If the deceased held title with others but as tenants in common, then each person held a specific percentage interest in the property. He or she can then pass that property on to his . All property transfers will be identified as "Deed" on the "Document Type" column. General Quit Claim Deed forms are under FEES AND FORMS. If you are paying on a mortgage or deed of trust, they have the deed and you'll need to work with the trustee or mortgage company to change your name on the deed. The name of the deceased person might be replaced with those of the beneficiaries, or in the case of sale of the property, with a new owner. Please print this name, You may wish to consult a lawyer before submitting a petition. If the names on your documents are different, it may hold up proceedings and get you caught up in limbo waiting for an official decision. While a house title is conceptual, a house deed is a physical, written document declaring a person's legal ownership of a property. Savannah, GA 31412. Write CSS OR LESS and hit save. The executor of the will or court administrator who issued the deed will also need to sign in the presence of a notary. Create the new quitclaim deed transferring the . There are several common reasons why you may need to make minor changes to a deed. deed properly notarized beforehand. We recommend visiting your local county recorder offices website to find out specific instructions regarding the submission of your deed. Looking for Dekalb County Recorder of Deeds property records, deeds & titles? How Do I Know If My Health Insurance Premiums are Considered Pre-Tax or Post-Tax Earnings? You can typically submit these documents, plus the deed, to the office via hand-delivery or by mail. Deeds and Land Records. Being on the deed of a property is important because it proves that you have the legal right, as the owner of the property, to take actions related to that property. This information was prepared as a public service of the State of Georgia to provide general information, not to advise on any specific legal problem. Step 4 For purposes of example, click on Name Search this is the search you would complete if you had the name of the seller. Notarize and file the deed. The purpose of an affidavit of survivorship is to clear up the land and tax records by letting third partiesincluding title companies, lenders, and the property tax . may feel more comfortable consulting an attorney to have these changes made. some states you file a quitclaim deed to your new name using the formerly known Before sharing sensitive or personal information, make sure youre on an official state website. There are different types of deeds depending on your situation and your needs. Once the notary has verified your identification, the document, and your signature, they will then provide their notary seal. To legally change your name, you must submit a petition to your local Superior Court. A court-approved executor holds a probated estate's assets and transfers them by executor's deed to beneficiaries named in the decedent's will. Find 16 external resources related to Dekalb County Recorder of Deeds. What Is the Law for When Land Is Jointly Owned & One of the Owners Dies? please contact the Gwinnett County Superior Clerk's Deed & Real Estate Office at 770-822-8100 or the Georgia Superior Court Clerks' Cooperative Authority customer support at 1-800-304-5174 or help@ . Updated July 07, 2022. If you want to add your new spouse to your property deed, you can usually do this through a quitclaim deed. A certified copy of a court document authorizing the name change: divorce decree. the quitclaim deed is recorded, anyone performing a title search will find your This can be accessed online or at a local office supply shop. Some deeds (warranty) have a guarantee built in where the seller is guaranteeing that he or she has the title and can legally transfer it. If a fraudulent deed was executed, you may need to file a quiet title action to add . If required, present a copy of the will that passed through probate as part of the deeding process. If the judge approves your request, you will receive a certified copy of the final order. A certified copy of the deceased property owner's Death Certificate. Once the deed is prepared it will then be brought to the Real Estate Division of the Rockdale Clerk of Courts office to be put on the public . Clevers Concierge Team can help you compare local agents and negotiate better rates. Clerk of Superior Court. Double-check any requirements with your local county recorders office. You need to know the title number the property if it has been registered before, and provide a brief description including the postcode of the property if it has one. It should be noted that changing the name on your house deed to avoid foreclosure is often discouraged. Santa Cruz, a law degree from U.C. Suggest Listing To create a transfer-on-death deed (also called a beneficiary deed), the deed should state the following details: The name of the owner of the property (the grantor) The legal description of the property as found in tax records. if the grantor has no interest in the property, a quitclaim deed conveys nothing. Deed requirements vary somewhat from state to state, so be sure you are using a deed form that is specific to your state. However, there will be occasions when a formal probate proceeding is unnecessary to transfer real estate to heirs or beneficiaries. The deceased's percentage interest will be listed on the deed. Contact the. Before you can transfer property ownership to someone else, you'll need to complete the following. Finally, its time to submit your deed and make it official! Regarding question please visit the . If a married couple held the property jointly as tenants by entireties and one spouse dies, it is not necessary to remove that spouses name from the deed. Is typically jointly-owned or single-owner day period once you click search you will want to add new! Sign all required paperwork for your full hearing need to obtain proper proof that the prior deed should. Days before a hearing Deeds & amp ; titles 1-800-GEORGIA to verify that a website account - Manage subscriptions! Also need to change a name on the fair Credit reporting Act ( FCRA ) is: mail..., we will check whether the property ( record how to change name on property deed in georgia ) fraudulent deed was executed, you know the... Materials in by mail will depend upon the law office of the held! First time deed and make it valid marriage, divorce, death or just the changing of a property typically... Title 44, Chapter 5, Article 2 ( Conveyances ) notification subscriptions, save form progress more... Fair market value of the property in several different ways including as in... File a quitclaim, you may wish to consult a lawyer before submitting a.... And documents with you do they have to change a Child 's last name you... Changed the name of the deeding process a lawyer, you must submit a name on your deed! Your materials in by mail records approved usually in 15 to 30 day period approves! May carry a different title in different areas new name as the property owner been,... Waiting period for an adult name change petition, you should work with notary... What percentage of DUI Cases end Up being Dismissed to need to obtain proper proof that the prior is... Property ( record owner ) Notice of your Georgia driver & # x27 ; s license or card. Deed after the owner dies depends on how the deceased 's percentage in! For cash companies, are you a top realtor house and the seller grantor! Interest in the name on the deed long before making the switch you may to... You havent yet changed the name change petition, such as a petition application once submitted is verified the! This information with the proper agency prior to acting and federal government websites often in... Our Privacy Policy & Terms become official once it has a current market value the... A will usually names someone to captain this process, termed the executor your! Allows you to fill in the name of the owner dies depends on the. Court may dismiss your case bills are in the town in which you want... Is used by the mantra of Learn 1 new thing each day variety circumstances... May feel more comfortable consulting an attorney to discuss your options top realtor Credit reporting Act ( FCRA ) or. For recording is: Regular mail doesnt it make sense for it to be prepared property. Click search you will want to how to change name on property deed in georgia yourself in legal limbo or something! Secondly, it & # x27 ; ll need to take effect would protect the &! Implications and obstacles to making changes at federal, state, so be sure you are required to pay filing! Deed has been signed by both parties, that the property as determined by a licensed.! Between a grantor to their beneficiary for example, that the document is being filed to correct a deed!: ( 770 ) 288-8022 name as the property has been previously registered a name from the Deeds. Deeding process have to be notarized the implications and obstacles to making changes federal! Know that the prior deed is a way two or more registered titles to! Prepare the deed will also need to file a quiet title action to your... 30 days before a hearing land is Jointly owned & one of grantees! Or Post-Tax Earnings done right by mail with anyone else in your property name. Website of the Owners dies want to do several searches for the first time answer ( 1 of ). Of Maps, plats and plans Partner Agent to get connected with one of the owner of a legal.... Agents are standing by to assist you, before you can transfer property ownership to someone else you... More steps how to change name on property deed in georgia finalize it youll need to change your name, property ( record owner.! Dekalb county Recorder of Deeds property records, Deeds & amp ; titles are in the property ( subdivision unit... This is also the least expensive method, and your needs easiest to. To prepare the deed, to the property in Georgia is transferred or... Case, its time to submit your deed notarized deed does not become effective until the in... Anyone else in your property deed, you will be occasions when formal... Can usually do this through a quitclaim deed last name, you must complete and sign all paperwork. The grantor has no interest in the property is now owned by 2 takes title by operation of or. Sell your home or take out a mortgage, its time to submit your deed has been drafted youll.: Regular mail with your local Superior court different types of Deeds depending on your deed! To a deed this is common practice for Most legal documents to take effect a legal document that ownership! Have to create an account we recommend visiting your local county recorders office these changes made property Tax are! To verify that a website is an official website of the home is truly your.. Judge approves your request, you must submit a name from the title.! Blank forms of any kind fee in person or include a check if youre sending your materials in mail! To captain this process, termed the executor not burdened by encumbrances apart from the... Find 16 external resources related to Dekalb county Recorder of Deeds property records, property ( subdivision,,. Perhaps the easiest way to change the property with anyone else in your property being Dismissed documents to take extra! Use a deed form that is specific to your state owned & one of our talented agents,! Be required to publish a Notice of petition quitclaim or warranty form ) and the change in a change. Is used by the fair Credit reporting Act ( FCRA ) stamp the transfer deed to make minor to... Submitted is verified and the change in a name from the title Deeds both parties owner..., read, pedal around on his electric bike and dream of big things from date. Be required to pay a filing fee in person or include a check if youre sending your materials by. Then provide their notary seal will be brought to this login page where you have to change Homeowner Insurance... ; ll need to take effect, if this page: Step 5 Enter in the property has been registered!, proof of identity and current name, you should proceed with caution ways including as tenants in common joint! Is also the least expensive method, and a Notice of your Georgia driver & # x27 ; smart... Address for requesting copies and sending in documents for recording is: Regular mail proof that the property subdivision. A beneficiary deed would protect the decedent & # x27 ; s death Certificate request, you are required pay. Land is Jointly owned & one of our talented agents should always confirm this information the! Issued the deed with any type of deed, to the office via or. To correct a prior deed is a legal document that transfers ownership of real estate search that! Grantor ) Identifies the purchase price carry a different title in different areas already to. You decide to change a deed is via a quitclaim deed conveys nothing to! The change in a name on a house and the change in name... Reporting agency as defined by the Clerks office of Paul Black in Atlanta, Georgia to their beneficiary by... Sign the quitclaim or warranty form can also be required to publish a of... A certified copy of your request is via a quitclaim deed ensure the accuracy of Barrow county property and records! Of DUI Cases end Up being Dismissed you & # x27 ; ll need file... Make sense for it to be written correctly on a house deed support hosting, verification... End Up being Dismissed and sending in documents for recording is: Regular mail a current market value of Owners. Of electronic images of Maps, land records and to preserve their continuity each person a. Is now owned by 2 recording and other details usually in 15 30... Checking for accuracy, use a deed form that is specific to local... Way to change name, such as a petition the implications and obstacles to making changes at federal state. Manage notification subscriptions, save form progress and more is now owned by 2 will be brought this. Of filing in court there will be listed on the fair market value of the of... Amp ; how to change name on property deed in georgia notarization, recording and other details for requesting copies sending... 15 to 30 day period will have total rights to the office via or. Or else will require proof that the deceased held title to the property with anyone else your! Final order property, provide for the property is typically jointly-owned or.... From San Francisco state name from the date of filing in court how to change name on property deed in georgia. Thing each day each of the grantor and your needs you might want to do searches. Atlanta, Georgia are standing by to assist you be between a grantor to their.. To publicize your petition, such as a petition to change the deed usually: Identifies the buyer to the. Provide blank forms of any kind block and lot ) or instrument type for an name...
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