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

IMPORTANT LEGAL NOTICE
This is a Personal Representative's Deed (an Executor's Deed or Administrator's Deed). The grantor signs in a representative capacity and gives only the limited covenant stated below. Unless the will expressly authorizes the transaction, prior court approval is required to dispose of estate real property (Ala. Code § 43-2-844). A court-ordered sale also requires its own report, confirmation, and conveyance steps (Ala. Code §§ 43-2-459, 43-2-462, 43-2-464). Confirm the applicable authority and orders before recording.

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: [________________________________]

Grantor's Marital Status: ☐ unmarried ☐ married ☐ widowed ☐ divorced

GRANTEE (Buyer / Distributee)

Name: [GRANTEE FULL LEGAL NAME]

Mailing Address: [________________________________]

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):

☐ Express authority in the will. The Last Will and Testament of the Decedent, admitted to probate in the above Court, expressly authorizes this sale and conveyance; the will provision is [ARTICLE/SECTION]. Prior approval under Ala. Code § 43-2-844 is therefore not required for this transaction.

☐ Court-ordered sale. By Order entered [__/__/____], the Probate Court of [________________________________] County, Alabama (Case No. [________________________________]) authorized the sale. The sale was reported under Ala. Code § 43-2-459, confirmed by Order entered [__/__/____], and, after payment of the purchase money, conveyance was ordered on [__/__/____] (Ala. Code §§ 43-2-462, 43-2-464).

Purpose of conveyance: ☐ payment of debts ☐ division ☐ other: [________________________________]

Authority documents: ☐ probated will ☐ letters ☐ order authorizing sale ☐ order confirming sale ☐ order directing conveyance. Recording reference(s), if any: [________________________________].

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] Dollars) paid to the Estate by Grantee, the receipt of which is acknowledged, hereby CONVEYS, solely in that capacity and subject to the authority identified above, unto Grantee and Grantee's heirs, successors, and assigns all right, title, and interest that Decedent had at death in the following real property in [________________________________] County, Alabama:

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: Decedent acquired the Property by [PRIOR DEED / OTHER SOURCE], recorded in ☐ Deed Book [____] at Page [____] ☐ Instrument No. [________________________________], Office of the Judge of Probate of [________________________________] County, Alabama. At death, Decedent's real property devolved to devisees or heirs, subject to administration and the other interests stated in Ala. Code § 43-2-830(a), (c).

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 gives NO general warranty of title and NO covenant concerning acts of the Decedent, prior owners, or other persons. The express limited covenant above defines the warranty given in this deed; no broader covenant is intended by its conveyancing words (Ala. Code § 35-4-271).

The authority for this conveyance is the will provision or court orders identified above, as applicable.

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 that representative capacity, 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 taxable value or fraction thereof, subject to the adjustments and exemptions in Ala. Code § 40-22-1(b), (c).

Consideration / Value: $[________________________________]

Recordation Tax Due: $[________________________________]

☐ Department of Revenue value or purchase-price form attached, unless the instrument falls within an exception in Ala. Code § 40-22-1(c). Attest to actual purchase price if sold, or actual value if not sold.

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

This fiduciary deed conveys the Decedent's interest through the personal representative, with a warranty limited to the representative's own acts. Grantee may obtain an owner's policy of title insurance after confirming the representative's authority of record.

☐ Grantee acknowledges receipt of this notice

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