Personal Representative's Deed (Deed of Distribution / Fiduciary Deed)

IMPORTANT LEGAL NOTICE
This is a Personal Representative's Deed under Alaska's Uniform Probate Code (Title 13). It is a fiduciary conveyance: the personal representative conveys only in a representative capacity, warrants title only against the representative's own acts, and assumes no personal liability. Under AS 13.16.355 a personal representative generally proceeds without a court order, and AS 13.16.410 authorizes the representative to dispose of estate land at public or private sale. Alaska law will not assume any covenant or warranty unless it is expressly written into the deed. Obtain title insurance.

PERSONAL REPRESENTATIVE'S DEED

(Deed of Distribution / Fiduciary Deed)

State of Alaska

RECORDING INFORMATION

After Recording Return To:
Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]

Prepared By:
Name: [________________________________]
Address: [________________________________]
Alaska Bar No. (if attorney): [________________________________]

DEED INFORMATION

RECORDING FEE CALCULATION

Transfer tax: Alaska imposes no state real estate transfer tax.

PARTIES

GRANTOR (Fiduciary / Personal Representative)

[GRANTOR FULL LEGAL NAME], not individually but solely as the duly appointed, qualified, and acting Personal Representative of the Estate of [DECEDENT FULL LEGAL NAME], Deceased, ☐ testate ☐ intestate, in the Superior Court for the State of Alaska, [____] Judicial District at [________________________________], Case No. [________________________________], Letters Testamentary / of Administration having been issued to Grantor on [__/__/____] (hereinafter "Grantor").

Grantor's Mailing Address: [________________________________]

GRANTEE (Buyer / Distributee)

Name: [GRANTEE FULL LEGAL NAME]

Mailing Address: [________________________________]

Manner of Holding Title:
☐ As a single person
☐ As husband and wife
☐ As joint tenants with right of survivorship
☐ As tenants in common (____% and ____%)
☐ As a [STATE] limited liability company / corporation
☐ As Trustee of [TRUST NAME], dated [__/__/____]

AUTHORITY RECITAL

Grantor is authorized to execute and deliver this conveyance by the following source of authority (check all that apply):

☐ Statutory power without court order. Under AS 13.16.355 the personal representative proceeds with administration without adjudication, order, or direction of the court, and under AS 13.16.410(6) may dispose of estate assets, including land, for cash or on credit at public or private sale.

☐ Power of sale in the will. The Decedent's Last Will and Testament admitted to probate authorizes the personal representative to sell and convey real property.

☐ Distribution in kind. This deed is a deed of distribution transferring the Property in kind to the distributee entitled thereto as evidence of title, pursuant to AS 13.16.560.

☐ Court order. By order entered [__/__/____] in the above proceeding, the Superior Court authorized, approved, and/or directed the sale, conveyance, or distribution of the Property (e.g., supervised administration; or order of complete settlement under AS 13.16.620).

CONVEYANCE

Granting Clause

KNOW ALL PERSONS BY THESE PRESENTS: That Grantor, in the representative capacity stated above, for and in consideration of the sum of [WRITTEN AMOUNT] AND NO/100 DOLLARS ($[NUMERIC]) and other good and valuable consideration to the Estate in hand paid by [GRANTEE NAME] ("Grantee"), the receipt and sufficiency of which are hereby acknowledged, does hereby GRANT, BARGAIN, SELL, AND CONVEY, in Grantor's representative capacity and not otherwise, unto Grantee all of the right, title, and interest of the Decedent and of the Estate in and to that certain real property situated in the [RECORDING DISTRICT] Recording District, State of Alaska, more particularly described in Exhibit A attached hereto and made a part hereof (the "Property").

Property Conveyed

TOGETHER WITH all and singular the rights, privileges, and appurtenances thereto belonging, including all improvements, easements, and rights-of-way appurtenant to the Property.

Habendum

TO HAVE AND TO HOLD the Property unto Grantee, Grantee's heirs, successors, and assigns forever.

LIMITED / FIDUCIARY WARRANTY

THIS IS A FIDUCIARY DEED. Grantor executes and delivers this deed solely in the representative capacity stated above and not individually. Grantor WARRANTS AND WILL DEFEND the title to the Property unto Grantee, Grantee's heirs, successors, and assigns, only against the lawful claims of all persons claiming by, through, or under Grantor acting in Grantor's said representative capacity, but not otherwise.

Grantor makes NO general warranty of title and gives NO covenant as to the acts of the Decedent, prior owners, or any other person. The Property is conveyed "AS IS" beyond the acts of Grantor as personal representative, and Grantor incurs no personal liability by reason of this conveyance.

NOTICE: Alaska does not have statutory special or fiduciary warranty deed language; Alaska law will not assume that a conveyance includes any covenants or warranties unless expressly written into the deed.

EXCEPTIONS TO WARRANTY

This conveyance is made and accepted SUBJECT TO:

☐ Taxes and assessments for the current and subsequent years, not yet due and payable
☐ All recorded and validly existing restrictions, reservations, covenants, conditions, and easements
☐ Visible and apparent easements on the Property
☐ Rights of parties in possession
☐ Claims of creditors of the Estate and rights of heirs and devisees, to the extent provided by law

Specific Exceptions:

1. [LIEN / ENCUMBRANCE DESCRIPTION] — Recorded at Document No. [________], [RECORDING DISTRICT] Recording District
2. [EASEMENT DESCRIPTION] — Recorded at Document No. [________], [RECORDING DISTRICT] Recording District

☐ See Exhibit B for additional exceptions

EXECUTION

EXECUTED this [__/__/____].

____________________________________
[GRANTOR NAME], not individually but solely as Personal Representative of the Estate of [DECEDENT NAME], Deceased

ACKNOWLEDGMENT (Representative Capacity) — AS 34.15.150

STATE OF ALASKA
[____] JUDICIAL DISTRICT — ss.

On this [__/__/____], before me, a Notary Public in and for the State of Alaska, personally appeared [GRANTOR NAME], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as Personal Representative of the Estate of [DECEDENT NAME], Deceased, and acknowledged to me that he/she executed the same in such representative capacity and with full authority for the uses and purposes therein set forth.

WITNESS my hand and official seal.

____________________________________
Notary Public in and for Alaska
My Commission Expires: [________________________________]

[NOTARY SEAL]

EXHIBIT A — LEGAL DESCRIPTION

Property Address: [STREET ADDRESS], [CITY], Alaska [ZIP]

Recording District: [RECORDING DISTRICT NAME]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION FROM TITLE COMMITMENT OR SURVEY]

Example formats:

• Lot ___, Block ___, [SUBDIVISION NAME], according to the official plat thereof, filed under Plat No. ________, records of the [RECORDING DISTRICT] Recording District, State of Alaska.
• [METES AND BOUNDS DESCRIPTION]
• U.S. Survey No. ____, Alaska.

EXHIBIT B — SPECIFIC EXCEPTIONS (If Applicable)

1. [________________________________]
2. [________________________________]

ALASKA RECORDING REQUIREMENTS

Recording Districts

Alaska has 34 Recording Districts. Record in the Recording District where the Property is located.

Filing Information

• Filing Office: Alaska Department of Natural Resources, Recorder's Office
• Recording Fee: $20.00 for the first page + $5.00 per additional page
• Transfer Tax: Alaska imposes no real estate transfer tax

Document Requirements

☐ Original signature of the personal representative
☐ Acknowledgment before a notary or other authorized officer (AS 34.15.150)
☐ Legible and reproducible (AS 40.17.110)

Statutory References

• AS 13.16.355 — Personal representative to proceed without court order; exception
• AS 13.16.410 — Transactions authorized for personal representatives (item (6): dispose of land at public or private sale)
• AS 13.16.560 — Distribution in kind; valuation; method
• AS 13.16.620 — Formal proceedings terminating administration; order of complete settlement
• AS 34.15.150 — Acknowledgment required for recording
• AS 40.17.110 — Recording requirements

TITLE INSURANCE NOTICE

Because this is a fiduciary deed with a warranty limited to the personal representative's own acts, and because Alaska has no statutory fiduciary-warranty language, Grantee is strongly advised to obtain an owner's policy of title insurance.

☐ Grantee acknowledges receipt of this recommendation

END OF PERSONAL REPRESENTATIVE'S DEED
Alaska Statutes Title 13 (Probate) and Title 34, Chapter 15 (Conveyances)