Personal Representative's Deed (Executor's / Administrator's Deed) - Alabama

IMPORTANT LEGAL NOTICE
This is a Personal Representative's Deed (in Alabama, an Executor's Deed or Administrator's Deed) — a fiduciary conveyance. The grantor conveys only in a representative capacity and warrants title only against the grantor's own acts as personal representative; the grantor assumes no personal liability and gives no general warranty. Unless the will expressly grants a power of sale, a personal representative may sell, mortgage, or lease estate real property only after prior court approval (Ala. Code § 43-2-844). Confirm the basis of authority before recording. Obtain title insurance.

PERSONAL REPRESENTATIVE'S DEED

(Executor's / Administrator's Deed)

State of Alabama

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

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

Mail Tax Statements To:
[________________________________]

Parcel Identification Number (APN): [________________________________]

SPACE ABOVE THIS LINE FOR JUDGE OF PROBATE'S USE

DOCUMENT INFORMATION

PARTIES

GRANTOR (Fiduciary / Personal Representative)

[GRANTOR FULL LEGAL NAME], not individually but solely as the duly appointed, qualified, and acting:

☐ Executor / Executrix (under will)
☐ Administrator / Administratrix (intestate)
☐ Administrator with the Will Annexed

of the Estate of [DECEDENT FULL LEGAL NAME], Deceased, pending in the Probate Court of [________________________________] County, Alabama, 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 (required for tax statements): [________________________________]

Vesting (Manner of Taking Title):
☐ A single person
☐ Husband and wife, as joint tenants with right of survivorship
☐ As joint tenants with right of survivorship
☐ As tenants in common (____% and ____%)
☐ A [ENTITY TYPE], organized under the laws of [STATE]

AUTHORITY RECITAL

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

☐ Power of sale in the will. The Last Will and Testament of the Decedent, admitted to probate in the above Court, expressly authorizes the personal representative to sell and convey real property; accordingly, prior court approval is not required (Ala. Code § 43-2-844; § 43-2-441).

☐ Order of the Probate Court. By Order entered [__/__/____], the Probate Court of [________________________________] County, Alabama (Case No. [________________________________]) authorized, directed, and/or confirmed the sale and conveyance of the Property described herein (Ala. Code §§ 43-2-441 through 43-2-450; § 43-2-844).

☐ Statutory authority. Grantor conveys pursuant to Ala. Code § 43-2-844, having obtained prior court approval where required, for ☐ payment of debts ☐ division ☐ payment of pecuniary legacies ☐ distribution to the persons entitled thereto.

A certified copy of ☐ the Letters ☐ the Order of Sale / Confirmation ☐ both is recorded herewith or in the records of the Probate Court.

CONVEYANCE

Granting Clause

KNOW ALL MEN BY THESE PRESENTS: That Grantor, in the representative capacity stated above, for and in consideration of the sum of $[________________________________] ([WRITTEN AMOUNT] Dollars) and other good and valuable consideration to the Estate in hand paid by 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 and Grantee's heirs, successors, and assigns forever, all of the right, title, and interest of the Decedent and of the Estate in and to the following described real property situated in [________________________________] County, State of Alabama, to-wit:

See Exhibit "A" attached hereto and incorporated herein by reference.

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

Parcel Identification Number: [________________________________]

TOGETHER WITH all tenements, hereditaments, easements, and appurtenances thereunto belonging or in anywise appertaining.

Derivation of Title: Being the same property that vested in the Decedent / the Estate by virtue of [PRIOR DEED / DEVOLUTION], recorded in ☐ Deed Book [____] at Page [____] ☐ Instrument No. [________________________________], Office of the Judge of Probate of [________________________________] County, Alabama, and which devolved to the Estate upon the death of the Decedent (Ala. Code § 43-2-830).

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 in Grantor's said representative capacity, but not otherwise.

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

This conveyance is made pursuant to Ala. Code § 43-2-441 et seq. and § 43-2-844.

SUBJECT TO

This conveyance is made and accepted SUBJECT TO:

☐ Ad valorem taxes for the year [____] and subsequent years, not yet due and payable;
☐ All covenants, conditions, restrictions, reservations, easements, and rights-of-way of record;
☐ All applicable zoning ordinances, building codes, and governmental regulations;
☐ All matters that an accurate survey and inspection of the Property would disclose;
☐ Rights of tenants or parties in possession;
☐ Claims of creditors of the Estate and rights of the surviving spouse, heirs, or devisees, to the extent provided by law.

Specific exceptions:

1. [________________________________]
2. [________________________________]

EXECUTION

IN WITNESS WHEREOF, Grantor has executed this Personal Representative's Deed in the representative capacity stated, this [__/__/____].

____________________________________ (SEAL)
[GRANTOR NAME], not individually but solely as ☐ Executor ☐ Administrator ☐ Administrator with the Will Annexed of the Estate of [DECEDENT NAME], Deceased

ACKNOWLEDGMENT (Representative Capacity)

STATE OF ALABAMA
COUNTY OF [________________________________]

I, the undersigned authority, a Notary Public in and for said County in said State, hereby certify that [GRANTOR NAME], whose name as ☐ Executor ☐ Administrator ☐ Administrator with the Will Annexed of the Estate of [DECEDENT NAME], Deceased, is signed to the foregoing conveyance, and who is known to me, acknowledged before me on this day that, being informed of the contents of the conveyance, he/she, in such representative capacity and with full authority, executed the same voluntarily on the day the same bears date.

GIVEN under my hand and official seal this [__/__/____].

____________________________________
Notary Public
Printed Name: [________________________________]
My Commission Expires: [________________________________]

[NOTARIAL SEAL]

TRANSFER TAX (RECORDATION TAX) — Ala. Code § 40-22-1

Deed recordation tax rate: $0.50 per $500 of value (or fraction thereof) — effectively $1.00 per $1,000.

Consideration / Value: $[________________________________]

Recordation Tax Due: $[________________________________]

☐ Real Estate Validation Form attached (required per Ala. Code § 40-22-1). Submit the Department of Revenue form attesting to actual purchase price if sold, or actual value if not sold, subject to the statutory instrument exception.

EXHIBIT A — LEGAL DESCRIPTION

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

Parcel Identification Number: [________________________________]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION FROM PRIOR DEED, TITLE COMMITMENT, OR SURVEY]

Situated in [________________________________] County, State of Alabama.

ALABAMA RECORDING REQUIREMENTS

TITLE INSURANCE NOTICE

Because this is a fiduciary deed conveying only the Estate's interest with a warranty limited to the fiduciary's own acts, Grantee is strongly advised to obtain an owner's policy of title insurance and to confirm the personal representative's authority of record.

☐ Grantee acknowledges receipt of this recommendation

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed Alabama attorney before using this form. Verify all statutory citations, court-approval requirements, recording fees, and transfer-tax treatment before recording.

Last Updated: 2026-06-14