Personal Representative's Deed - California

IMPORTANT LEGAL NOTICE
This is a Personal Representative's Deed — the deed by which the executor or administrator of a decedent's estate conveys the decedent's California real property. The personal representative conveys in a representative capacity, with the limited title warranty below; Cal. Prob. Code § 9601 governs liability for a breach of fiduciary duty. A personal representative may sell estate real property either (a) by court-confirmed sale (Cal. Prob. Code § 10000 et seq.; the deed refers to and follows the order confirming sale under § 10314), or (b) without court confirmation where the representative holds full authority under the Independent Administration of Estates Act (IAEA) (Cal. Prob. Code §§ 10400–10592), after giving a Notice of Proposed Action. Confirm the authority of record and obtain an owner's policy of title insurance before use.

PERSONAL REPRESENTATIVE'S DEED

(Executor's / Administrator's Deed — Fiduciary Conveyance)

State of California

RECORDING INFORMATION

Recording Requested By:
[________________________________]

When Recorded Mail This Deed and All Tax Statements To:

Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]

Prepared By:

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

SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
(California recorders require a blank top margin on the first page — typically 2.5" — for the recording label. Confirm county recorder formatting under Cal. Gov. Code § 27361.6.)

DOCUMENTARY TRANSFER TAX DECLARATION

THE UNDERSIGNED GRANTOR (PERSONAL REPRESENTATIVE) DECLARES:

Documentary Transfer Tax is: $[____]

Computed on:

☐ Full value of the property conveyed; OR
☐ Full value less the value of liens and encumbrances remaining at the time of sale.

Location of property:

☐ City of [________________________________]; OR
☐ Unincorporated area of [________________________________] County.

Assessor's Parcel Number (APN): [________________________________]

____________________________________
Signature of Declarant or Agent determining tax

DEED INFORMATION

PARTIES

GRANTOR (Personal Representative / Fiduciary)

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

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

of the Estate of [DECEDENT FULL LEGAL NAME], Deceased, in the Superior Court of California, County of [________________________________], Case No. [________________________________], Letters ☐ Testamentary ☐ of Administration ☐ of Administration with Will Annexed having been issued to Grantor on [__/__/____] ("Grantor").

Grantor's Mailing Address: [________________________________]

GRANTEE (Buyer)

Name: [GRANTEE FULL LEGAL NAME]

Mailing Address: [________________________________]

Manner of Taking Title (Vesting):
☐ A single person
☐ A married couple, as community property
☐ A married couple, as community property with right of survivorship
☐ As joint tenants with right of survivorship
☐ As tenants in common (____% and ____%)
☐ As Trustee of [TRUST NAME], dated [__/__/____]
☐ A California limited liability company / corporation

AUTHORITY RECITAL

Grantor is authorized to execute and deliver this conveyance by the following (check the applicable box):

☐ Court-confirmed sale (Cal. Prob. Code § 10000 et seq.). This conveyance is made pursuant to the Order Confirming Sale of Real Property and directing the conveyance, entered [__/__/____] in the above proceeding (the "Order"). The sale was reported and confirmed for not less than the price required by law (Cal. Prob. Code §§ 10308–10313), and the sale price is $[________________________________]. A certified copy of the Order shall be recorded in the office of the recorder of [________________________________] County (Cal. Prob. Code § 10314(a)).

☐ Independent Administration of Estates Act — full authority (Cal. Prob. Code §§ 10400–10592). Grantor holds full authority under the IAEA. ☐ A Notice of Proposed Action (Judicial Council Form DE-165) was given to all persons entitled to notice, and no timely objection was received; OR ☐ all such persons waived or consented in writing. No court confirmation of this sale is required.

☐ Additional power of sale in the will. Check this only together with the applicable sale route above. The Decedent's Will admitted to probate authorizes the personal representative to sell real property. Under Cal. Prob. Code § 10313(a)(1), that authority can support court confirmation; it does not by itself dispense with confirmation. An IAEA sale follows the separate authority and notice requirements stated above.

Distribution in kind is a separate court-order route. Do not use this sale deed as a substitute for the order for distribution. The personal representative distributes estate property in compliance with that order under Cal. Prob. Code § 11750; record a certified copy of an order distributing real property in each affected county under § 7263.

CONVEYANCE

Granting Clause

FOR VALUABLE CONSIDERATION of $[________________________________], receipt of which is hereby acknowledged on behalf of the Estate,

[GRANTOR NAME], not individually but solely as Personal Representative of the Estate of [DECEDENT NAME], Deceased ("Grantor"),

hereby GRANTS AND CONVEYS, in Grantor's representative capacity and not otherwise, to

[GRANTEE NAME] ("Grantee"),

all of the right, title, and interest that the Decedent had at the time of death, and any additional right, title, or interest acquired by the Estate before the sale (Cal. Prob. Code § 10314(c)), in and to that real property situated in the City of [CITY], County of [COUNTY], State of California, more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"), together with all improvements, tenements, hereditaments, easements, and appurtenances thereto belonging.

Assessor's Parcel Number (APN): [________________________________]

FIDUCIARY CONVEYANCE — NO WARRANTY BEYOND GRANTOR'S OWN ACTS

THIS IS A FIDUCIARY DEED. Grantor executes and delivers this deed solely in the representative capacity stated above and not individually. Grantor conveys only the right, title, and interest of the Decedent and of the Estate, and makes NO covenant or warranty of title, express or implied, except that Grantor warrants and will defend title only against the lawful claims of all persons claiming by, through, or under Grantor acting in Grantor's said representative capacity, but not otherwise.

The Property is conveyed "AS IS, WHERE IS," with no representation as to condition or title beyond the acts of Grantor as personal representative. This deed does not limit liability for breach of fiduciary duty under Cal. Prob. Code § 9601.

EXCEPTIONS TO CONVEYANCE

This conveyance is made and accepted SUBJECT TO:

☐ General and special real property taxes and assessments for the current fiscal year, a lien not yet due and payable
☐ Covenants, conditions, restrictions, reservations, rights, rights-of-way, and easements of record
☐ Any matters that an accurate survey or inspection of the Property would disclose
☐ Applicable zoning and land-use ordinances

Specific exceptions:

1. [LIEN / ENCUMBRANCE DESCRIPTION], recorded [__/__/____] as Instrument No. [____], Official Records of [COUNTY] County, California.
2. [EASEMENT DESCRIPTION], recorded [__/__/____] as Instrument No. [____].

☐ See Exhibit B for additional exceptions

EXECUTION

IN WITNESS WHEREOF, Grantor has executed this Personal Representative's Deed on [__/__/____].

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

ACKNOWLEDGMENT (Cal. Civ. Code § 1189)

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California

County of [________________________________]

On [__/__/____] before me, [________________________________] (here insert name and title of the officer), personally appeared [________________________________], who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ____________________________________ (Seal)

EXHIBIT A — LEGAL DESCRIPTION

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

Assessor's Parcel Number (APN): [________________________________]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION FROM THE PRELIMINARY TITLE REPORT, PRIOR DEED, OR RECORD OF SURVEY]

Example formats:

• Lot ___, of Tract No. ___, in the City of [CITY], County of [COUNTY], State of California, as per map recorded in Book ___, Page(s) ___, of Maps, in the Office of the County Recorder of said County.
• [METES AND BOUNDS DESCRIPTION]

EXHIBIT B — ADDITIONAL EXCEPTIONS (If Applicable)

1. [________________________________]
2. [________________________________]

CALIFORNIA RECORDING REQUIREMENTS

Filing

• Filing Office: County Recorder, [COUNTY] County, California
• For a court-confirmed sale: record a certified copy of the Order confirming the sale and directing the conveyance in the same county (Cal. Prob. Code § 10314(a)).
• Recording Fees: Pay the base recording fee under Cal. Gov. Code § 27361 and the county schedule. The $75 Building Homes and Jobs Act fee under Cal. Gov. Code § 27388.1 is not imposed on a deed recorded with a transfer subject to documentary transfer tax, such as a taxable sale, under § 27388.1(a)(2)(A). If that exclusion does not apply, check the other statutory exclusions; an applicable fee is $75 per instrument, capped at $225 per transaction per parcel. Confirm the recording charges with the recorder.
• Documentary Transfer Tax: $0.55 per $500 of value (county) under Rev. & Tax. Code § 11911, with any applicable city tax credited against the county tax when the city ordinance conforms to the Documentary Transfer Tax Act (§ 11931); check the city ordinance for any additional tax. For a taxable deed, §§ 11932–11933 require the tax amount and property location on its face and a signed tax declaration.

Preliminary Change of Ownership Report (PCOR)

The transferee must complete a PCOR and may file it concurrently with this deed (Cal. Rev. & Tax. Code § 480.3(a)). If it is not submitted at recording, the recorder may charge an additional $20 fee; omission does not prevent recording if that fee is tendered (§ 480.3(b)-(c)).

Document Format

☐ First-page top margin reserved for recorder (typically 2.5"); other margins ≥ 0.5"
☐ Print legibly on quality paper; check the county recorder’s type, paper-size, and color specifications
☐ APN stated on the deed
☐ Documentary transfer tax declaration completed and signed
☐ Civil Code § 1189 acknowledgment with boxed disclaimer
☐ Certified copy of Order confirming sale (court-confirmed sales) recorded with the deed
☐ PCOR attached
☐ Return-address (mail-to) block completed

TITLE INSURANCE NOTICE

IMPORTANT: Because this is a fiduciary deed conveying only the Decedent's and the Estate's interest, with no warranty beyond the personal representative's own acts, Grantee is strongly advised to obtain an owner's policy of title insurance (CLTA/ALTA) from a licensed California title company and to confirm the personal representative's authority and any confirmation order of record.

☐ Grantee acknowledges receipt of this recommendation

SOURCES AND REFERENCES

• Cal. Prob. Code § 10000 et seq. (sales by personal representative) — https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=PROB
• Cal. Prob. Code § 10309 (90% of appraised value) — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=10309
• Cal. Prob. Code § 10314 (conveyance on confirmation; record certified order) — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=10314
• Cal. Prob. Code §§ 10400–10592 (IAEA) — https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=PROB
• Cal. Civ. Code § 1189 (acknowledgment; boxed disclaimer) — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1189
• Cal. Rev. & Tax. Code § 11911 (documentary transfer tax)
• Cal. Rev. & Tax. Code § 480.3 (Preliminary Change of Ownership Report)
• Judicial Council Form DE-165 (Notice of Proposed Action)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. A California-licensed attorney must review and customize this deed before use. Verify all statutory citations, the basis of authority, county recorder formatting, transfer-tax treatment, and current recording fees before recording.

Last Updated: 2026-06-14