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

IMPORTANT LEGAL NOTICE
This is a Personal Representative's Deed (in Arkansas, an Executor's Deed or Administrator's Deed) — a fiduciary conveyance. The grantor conveys only in a representative capacity, warrants title only against the grantor's own acts as personal representative, and assumes no personal liability. In Arkansas, real property becomes an asset in the hands of the personal representative only when the will so directs or when the court finds it should be sold (Ark. Code Ann. § 28-49-101); absent a power of sale in the will, a court order under § 28-51-303 is required to sell estate real property. Arkansas permits the two-disinterested-witness execution route stated in § 18-12-104, while a deed duly acknowledged as required by law is also effective without subscribing witnesses. Arkansas recognizes dower and curtesy. Obtain title insurance.

PERSONAL REPRESENTATIVE'S DEED

(Executor's / Administrator's Deed)

State of Arkansas

RECORDING INFORMATION

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

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

DEED INFORMATION

TRANSFER TAX CALCULATION

Transfer Tax Exemptions (Ark. Code Ann. § 26-60-101 et seq.)

☐ Gift or conveyance for $100 or less
☐ Deed to/from the United States or State of Arkansas
☐ Deed to correct or replace a prior deed where tax was paid
☐ Deed in a judicial proceeding to enforce a security interest
☐ Other exemption: [________________________________]

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, in the Circuit Court of [________________________________] County, Arkansas, Probate Division, 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 tenants by the entirety
☐ As joint tenants with right of survivorship
☐ As tenants in common (____% and ____%)
☐ As a [STATE] limited liability company / corporation
☐ As Trustee of [TRUST NAME]

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 Decedent's Last Will and Testament admitted to probate expressly authorizes the personal representative to sell and convey real property; accordingly no separate court order is required.

☐ Order of the Circuit Court (Probate Division). By Order entered [__/__/____] in the above proceeding, the Court found that the real property should be sold, mortgaged, leased, or exchanged for a purpose enumerated in Ark. Code Ann. § 28-51-103 and ordered the sale and conveyance described herein (Ark. Code Ann. §§ 28-49-101, 28-51-303). The sale was ☐ private (at least 90% of estimated value, unless the Court found good cause after a hearing with reasonable notice to all interested parties) ☐ public auction (at least ¾ of appraised value), as directed by the Order, and was ☐ confirmed by the Court on [__/__/____].

☐ Distribution to distributees. This deed delivers the Property to the distributee(s) entitled thereto upon settlement of the Estate.

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] AND NO/100 DOLLARS ($[NUMERIC]) in hand paid to the Estate, and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, BARGAIN, SELL, AND CONVEY, in Grantor's representative capacity and not otherwise, unto [GRANTEE NAME] ("Grantee"), all of the right, title, and interest of the Decedent and of the Estate in and to that certain real property situated in [COUNTY] County, Arkansas, 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, tenements, hereditaments, and appurtenances thereto belonging.

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 binds Grantor, in such representative capacity only, to WARRANT AND FOREVER DEFEND 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.

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
☐ Visible and apparent easements on the Property
☐ All recorded restrictions, reservations, covenants, conditions, and easements
☐ Building and zoning laws and regulations
☐ Rights of parties in possession
☐ Dower, curtesy, and homestead rights, and claims of creditors of the Estate, to the extent provided by law

Specific Exceptions:

1. [LIEN / ENCUMBRANCE DESCRIPTION] — Recorded in Book [____], Page [____], Records of [COUNTY] County, Arkansas
2. [EASEMENT DESCRIPTION] — Recorded in Book [____], Page [____], Records of [COUNTY] County, Arkansas

☐ See Exhibit B for additional exceptions

EXECUTION

EXECUTED this [__/__/____].

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

OPTIONAL WITNESS SIGNATURES (Two Disinterested Witnesses — Ark. Code Ann. § 18-12-104)

IMPORTANT: Section 18-12-104 states a two-disinterested-witness execution route. Arkansas Supreme Court authority also recognizes a deed duly acknowledged as required by law as effective without subscribing witnesses. Do not treat these witness signatures as required in addition to the acknowledgment below.

Witness 1: ____________________________________ Printed Name: [________________] Date: [__/__/____]

Witness 2: ____________________________________ Printed Name: [________________] Date: [__/__/____]

ACKNOWLEDGMENT (Representative Capacity) — Ark. Code Ann. § 18-12-201, § 18-12-205

STATE OF ARKANSAS
COUNTY OF [________________________________] — ss.

On this [__/__/____], before me, the undersigned Notary Public within and for said County and State, personally appeared [GRANTOR NAME], to me known to be the identical person who executed the within and foregoing instrument as Personal Representative (☐ Executor ☐ Administrator) of the Estate of [DECEDENT NAME], Deceased, and acknowledged that he/she executed the same in such representative capacity and with full authority as the free and voluntary act and deed of the Estate for the uses and purposes therein set forth.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written.

____________________________________
Notary Public
My Commission Expires: [________________________________]

[NOTARY SEAL]

TRANSFER TAX CERTIFICATION (Ark. Code Ann. § 26-60-110)

☐ "I certify under penalty of false swearing that documentary stamps or a documentary symbol in the legally correct amount has been placed on this instrument."

☐ "This instrument is exempt from the real property transfer tax." (Reason: [________________________________])

Grantee's Address for Tax Statements (required):
[________________________________]
[________________________________]

____________________________________
Grantee (or Agent) Signature Date: [__/__/____]

EXHIBIT A — LEGAL DESCRIPTION

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

Parcel Identification Number: [________________________________]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION FROM TITLE COMMITMENT OR SURVEY]

Example formats:

• Lot ___, Block ___, [SUBDIVISION NAME], an addition to the City of [CITY], [COUNTY] County, Arkansas, as per plat recorded in Plat Book ___, Page ___.
• Part of the [DIRECTION] Quarter of Section ___, Township ___ [N/S], Range ___ [E/W], [COUNTY] County, Arkansas, more particularly described as: [METES AND BOUNDS].

County: [COUNTY], Arkansas

EXHIBIT B — SPECIFIC EXCEPTIONS (If Applicable)

1. [________________________________]
2. [________________________________]

ARKANSAS RECORDING REQUIREMENTS

Filing Information

• Filing Office: Circuit Clerk, [COUNTY] County, Arkansas
• Recording Fee: Varies by county (confirm with the Circuit Clerk)
• Transfer Tax: $3.30 per $1,000 of consideration (Ark. Code Ann. § 26-60-101 et seq.)

Document Requirements

☐ Original signature of the personal representative in black or blue ink
☐ Either two-disinterested-witness execution under Ark. Code Ann. § 18-12-104 or a proper acknowledgment for recording
☐ Transfer tax certification signed by Grantee with Grantee's address (Ark. Code Ann. § 26-60-110)
☐ Preparer's name and address; 2½" top-right margin reserved for recorder's file mark

Dower and Curtesy Notice

Arkansas continues to recognize common-law dower and curtesy. In a fiduciary conveyance, confirm that the surviving spouse's dower/curtesy and homestead rights have been assigned, released, or otherwise resolved before the sale.

Statutory References

• Ark. Code Ann. § 28-49-101 — Possession; real property becomes an asset when directed by will or by court finding
• Ark. Code Ann. § 28-51-103 — Purposes for sale, mortgage, lease, or exchange
• Ark. Code Ann. § 28-51-303 — Order for sale, mortgage, or lease; minimum prices and terms
• Ark. Code Ann. § 18-12-104 — Two-disinterested-witness execution route; duly acknowledged execution is an effective alternative
• Ark. Code Ann. § 18-12-201, § 18-12-205 — Acknowledgment / certificate of acknowledgment
• Ark. Code Ann. § 26-60-110 — Recordation; transfer-tax / exemption certification

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 court's order and the personal representative's authority of record.

☐ Grantee acknowledges receipt of this recommendation

END OF PERSONAL REPRESENTATIVE'S DEED
Arkansas Code Annotated Title 28 (Probate) and Title 18, Chapter 12 (Conveyances)