Personal Representative's Deed - Colorado

PERSONAL REPRESENTATIVE'S DEED

State of Colorado

Recording Requested By:
_____________________________________________

When Recorded Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Property Address:
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE (Minimum 1" top margin required per C.R.S. § 30-10-406)

DOCUMENT INFORMATION

PERSONAL REPRESENTATIVE'S DEED

KNOW ALL PERSONS BY THESE PRESENTS:

This Personal Representative's Deed is made and entered into this _____ day of _________________, 20_____, by the Grantor identified below, acting solely in a representative capacity.

ARTICLE I: PARTIES

Section 1.1 Grantor (Personal Representative)

Name: _____________________________________________, as Personal Representative of the Estate of _____________________________________________, deceased (the "Decedent"), and not individually.

Mailing Address:
_____________________________________________
_____________________________________________

Fiduciary Capacity:
☐ Personal Representative under the Will (testate estate)
☐ Personal Representative (administrator) of the intestate estate
☐ Special Administrator (specify limits): _________________________
☐ Co-Personal Representatives (all must join)

Section 1.2 Grantee(s)

Name(s): _____________________________________________

Legal Address, Including Road or Street Address if Applicable (C.R.S. § 38-35-109(2)):
_____________________________________________
_____________________________________________

Vesting:
☐ A single person
☐ Husband and wife, as joint tenants with right of survivorship
☐ As joint tenants with right of survivorship, and not as tenants in common
☐ As tenants in common
☐ A devisee/heir receiving distribution in kind
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

ARTICLE II: ESTATE AND APPOINTMENT RECITALS

Section 2.1 Estate Information

Section 2.2 Authority of Grantor

The Grantor was duly appointed and is the qualified and acting Personal Representative of the Decedent's Estate, and Letters (Testamentary or of Administration) issued by the above Court remain in full force and effect and unrevoked.

ARTICLE III: AUTHORITY FOR CONVEYANCE

The Grantor conveys the Property pursuant to the authority indicated below (check all that apply):

☐ Statutory power over title — no court order required. Under C.R.S. § 15-12-711, until termination of the appointment a personal representative "has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of the creditors and others interested in the estate," and "[t]his power may be exercised without notice, hearing, or order of court." Transactions are authorized under C.R.S. § 15-12-715.

☐ Distribution in kind (Deed of Distribution). Made pursuant to C.R.S. § 15-12-907: "If distribution in kind is made, the personal representative shall execute an instrument or deed of distribution assigning, transferring, or releasing the assets to the distributee as evidence of the distributee's title to the property."

☐ Court order dated [__/__/____] in a formal proceeding authorizing this conveyance.

☐ Power of sale in the Will (cite article/section): _________________________

ARTICLE IV: CONVEYANCE

Section 4.1 Granting Clause

For the consideration of $_____________________ (____________________ Dollars) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor, in the representative capacity recited above and by the authority of the law of the State of Colorado, hereby SELLS, CONVEYS, AND QUITCLAIMS (or, for a sale, SELLS AND CONVEYS WITH SPECIAL WARRANTY) to the Grantee, and the Grantee's heirs, successors, and assigns forever, all the right, title, and interest of the Decedent and of the Estate in and to the real property, together with any improvements thereon, situated in the County of _________________, State of Colorado, described as follows:

Section 4.2 Legal Description

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

also known by street and number as: _____________________________________________

Schedule or Parcel Number: _____________________________________________

ARTICLE V: LIMITED (FIDUCIARY) WARRANTY

Section 5.1 Special Warranty by the Personal Representative

For a sale conveyance, and pursuant to C.R.S. § 38-30-113(1)(b), the Grantor WARRANTS THE TITLE TO THE SAME AGAINST ALL PERSONS CLAIMING UNDER THE GRANTOR — that is, against acts done or suffered by the Grantor in the Grantor's capacity as Personal Representative, but against none other.

Section 5.2 Representative Capacity; No Personal Liability

The Grantor executes this Deed solely as Personal Representative of the Estate and not individually. No covenant or obligation of this Deed shall create personal liability of the individual serving as Personal Representative; recourse is limited to the assets of the Estate.

Section 5.3 Conveyance of Estate's Interest Only; Limitation

The Grantor conveys only such title as the Decedent owned at death and as the Estate is empowered to convey. This Deed does NOT contain full (general) warranty covenants. The Grantor does NOT warrant against defects, liens, encumbrances, or claims arising prior to or independent of the Decedent's ownership, nor against claims by persons not claiming under the Grantor.

Section 5.4 Statutory References

• C.R.S. § 15-12-711 (Powers of personal representatives — in general)
• C.R.S. § 15-12-715 (Transactions authorized for personal representatives)
• C.R.S. § 15-12-907 (Distribution in kind — deed of distribution)
• C.R.S. § 38-30-113(1)(b) (Special warranty deed)
• C.R.S. § 38-35-109 (Grantee address requirement)

ARTICLE VI: EXCEPTIONS AND RESERVATIONS

Section 6.1 Subject To

This conveyance is made subject to:

(a) General taxes and assessments for the year 20_____ and subsequent years, not yet due and payable;

(b) All applicable zoning, building codes, and governmental regulations;

(c) All covenants, conditions, restrictions, reservations, rights-of-way, and easements of record;

(d) All matters disclosed by an accurate survey and physical inspection of the property;

(e) Existing mortgages, deeds of trust, and other liens of record;

(f) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________

ARTICLE VII: DOCUMENTARY FEE AND TRANSFER DECLARATION

Section 7.1 Documentary Fee Statement

☐ The consideration for this transfer exceeds $500.00. Documentary fee of $_______ is due. (C.R.S. § 39-13-102: $0.01 per $100 of consideration.)

☐ This transfer is exempt from documentary fee pursuant to C.R.S. § 39-13-104 because:
_____________________________________________

Section 7.2 Transfer Declaration

A Transfer Declaration (TD-1000) is attached hereto as required for all deeds.

ARTICLE VIII: EXECUTION

Section 8.1 Grantor's Signature

IN WITNESS WHEREOF, the Grantor has executed this Personal Representative's Deed on the date first written above, solely in the representative capacity recited herein.

GRANTOR — PERSONAL REPRESENTATIVE:

_____________________________________________
Signature

_____________________________________________
Printed Name, as Personal Representative of the
Estate of _________________________, deceased,
and not individually

Date: _____________________________________________

_____________________________________________
Signature of Co-Personal Representative (if any)

_____________________________________________
Printed Name, as Co-Personal Representative

Date: _____________________________________________

ARTICLE IX: ACKNOWLEDGMENT

Section 9.1 Colorado Acknowledgment (Representative Capacity)

STATE OF COLORADO
COUNTY OF _________________

The foregoing instrument was acknowledged before me this _____ day of _________________, 20_____, by _________________________ as Personal Representative of the Estate of _________________________, deceased.

☐ Witness my hand and official seal.
☐ My commission expires: _____________________________________________

_____________________________________________
Notary Public

[NOTARIAL SEAL]

Section 9.2 Out-of-State Acknowledgment (Representative Capacity)

STATE OF _________________
COUNTY OF _________________

The foregoing instrument was acknowledged before me this _____ day of _________________, 20_____, by _________________________ as Personal Representative of the Estate of _________________________, deceased.

☐ Witness my hand and official seal.
☐ My commission expires: _____________________________________________

_____________________________________________
Notary Public

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

County of _________________, State of Colorado

Being the same property acquired by the Decedent by deed recorded at Reception No. _______________, records of _________________ County, Colorado.

COLORADO RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Documentary Fee (State Transfer Tax)

Required Accompanying Documents

1. Transfer Declaration (TD-1000) — required for all deeds
2. Documentary Fee — if consideration exceeds $500
3. Recording Fee — paid to County Clerk and Recorder
4. Certified copy of Letters — record with or before the deed to evidence the Grantor's authority (recommended; many title companies require)

Important Legal Notes

1. No prior court order required. Under C.R.S. § 15-12-711 the personal representative may convey estate title without notice, hearing, or order of court, in trust for creditors and interested persons.

2. Deed of Distribution. A distribution in kind to a devisee/heir is evidenced by a deed of distribution under C.R.S. § 15-12-907.

3. Limited Warranty. This is a fiduciary conveyance; it conveys only the Estate's interest with a special (limited) warranty or by quitclaim. Title insurance is recommended.

4. Legal Counsel. Consultation with a licensed Colorado probate/real-estate attorney is recommended.

PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed Colorado attorney before using this form.