Executor's / Administrator's Deed (Fiduciary Deed) - Connecticut

IMPORTANT LEGAL NOTICE
This Executor's/Administrator's Deed is a fiduciary conveyance of a decedent's real property by an estate fiduciary. In Connecticut, an executor or administrator may sell or mortgage estate real property only after written application to and authorization by the Probate Court under CGS § 45a-164 (after notice and hearing, on a finding that the sale is in the best interests of the parties in interest), unless the will confers an adequate power of sale. The fiduciary conveys only the estate's title and warrants only against the fiduciary's own acts — a limited (special) warranty. Have a Connecticut attorney review the deed and closing. Obtain title insurance for complete protection.

EXECUTOR'S / ADMINISTRATOR'S DEED (FIDUCIARY DEED)

State of Connecticut

RECORDING INFORMATION

This Instrument Prepared By:

Name: ________________________________________
Address: _____________________________________
Connecticut Bar No.: _________________________

After Recording Return To:

Name: ________________________________________
Address: _____________________________________
         _____________________________________

PROPERTY INFORMATION

CONNECTICUT REAL ESTATE CONVEYANCE TAX

State Conveyance Tax Rates (CGS § 12-494)

• Residential property — first $800,000 of consideration: 0.75%
• Residential property — portion of consideration from $800,001 up to $2,500,000: 1.25%
• Residential property — portion of consideration over $2,500,000: 2.25%
• Non-residential property (excluding unimproved land): 1.25% (flat, no bracket)

Form OP-236 Required: Connecticut Real Estate Conveyance Tax Return must accompany the deed for recording. (A distribution to an heir/devisee for no consideration may be exempt — confirm the exemption code on OP-236.)

PARTIES

GRANTOR (Estate Fiduciary):

Name: [FIDUCIARY FULL LEGAL NAME], of [TOWN/CITY], Connecticut, not individually but solely as [Executor / Administrator] of the Estate of [DECEDENT FULL LEGAL NAME], deceased

Mailing Address: [FULL ADDRESS]

Fiduciary Capacity:
☐ Executor under the Last Will of the Decedent
☐ Administrator of the intestate Estate of the Decedent
☐ Administrator c.t.a. / d.b.n. (specify): _________________________
☐ Co-Fiduciaries (all must join)

GRANTEE (Buyer/Distributee):

Name: [GRANTEE FULL LEGAL NAME]

Mailing Address: [FULL ADDRESS]

Manner of Holding Title:
☐ Individually
☐ As joint tenants with right of survivorship
☐ As tenants in common
☐ As a Connecticut limited liability company
☐ As Trustee of [Trust Name] u/a/d [Date]
☐ As heir/devisee receiving distribution

ESTATE AND PROBATE COURT RECITALS

The Grantor was duly appointed and is the qualified and acting [Executor/Administrator] of the Estate, and the fiduciary's authority (as evidenced by a current Fiduciary's Probate Certificate or Letters) remains in full force and effect.

AUTHORITY FOR CONVEYANCE

The Grantor executes this Deed pursuant to the authority indicated below (check all that apply):

☐ Probate Court authorization (CGS § 45a-164). By order/decree dated [__/__/____], the Probate Court, after written application, such notice as the court ordered, and hearing, found the sale (or mortgage) to be for the best interests of the parties in interest and authorized the Grantor to execute this conveyance.

☐ Power of sale in the Will (cite article/section): _________________________ — adequate to be conveniently exercised without further Probate Court order.

☐ Public sale under CGS § 45a-167 ordered by the Probate Court.

☐ Distribution to heir/devisee pursuant to the Will or the laws of intestacy and any decree of distribution.

CONVEYANCE

Granting Clause

KNOW ALL PERSONS BY THESE PRESENTS:

That [FIDUCIARY NAME], [Executor/Administrator] of the Estate of [DECEDENT NAME], deceased ("Grantor"), of [TOWN/CITY], Connecticut, for the consideration of [WRITTEN AMOUNT] DOLLARS ($[NUMERIC]) received to Grantor's full satisfaction of [GRANTEE NAME] of [TOWN/CITY], [STATE] ("Grantee"), and by the authority recited above, does give, grant, bargain, sell, and convey unto the said Grantee, Grantee's heirs and assigns forever, with FIDUCIARY (SPECIAL) WARRANTY COVENANTS, all of the right, title, and interest of the Decedent and of the Estate in and to that certain piece or parcel of land situated in the Town/City of [TOWN/CITY], County of [COUNTY], and State of Connecticut, bounded and described as set forth in Exhibit A attached hereto (the "Property").

Property Conveyed

TOGETHER with all the privileges and appurtenances to the same belonging, including:

☐ All improvements, buildings, structures, and fixtures
☐ All easements and rights-of-way appurtenant to the Property
☐ All rights in and to adjacent streets and ways

Habendum Clause

TO HAVE AND TO HOLD the above granted and bargained premises, with the appurtenances thereof, unto the said Grantee, Grantee's heirs and assigns forever, to Grantee's and their own proper use and behoof.

FIDUCIARY (SPECIAL) WARRANTY COVENANTS

Limited Covenants by the Fiduciary

And the said Grantor, in Grantor's representative capacity, does covenant with the said Grantee, Grantee's heirs and assigns, that:

1. Authority (Limited): Grantor is the duly appointed and qualified [Executor/Administrator] of the Estate and has lawful authority, by power of sale and/or Probate Court order, to convey the Property;

2. Against the Fiduciary's Own Acts (Limited): The granted premises are free from all encumbrances made or suffered by the Grantor in the Grantor's fiduciary capacity, except as set forth herein; and

3. Warranty (Limited): Grantor will warrant and defend the granted premises to the Grantee, Grantee's heirs and assigns, against the lawful claims and demands of all persons claiming by, through, or under Grantor as fiduciary, but against none other.

Representative Capacity; Probate Bond Remedies

This Deed is executed by Grantor solely in Grantor's capacity as [Executor/Administrator]. Nothing in this deed limits an action for breach of a probate bond under Conn. Gen. Stat. § 45a-144(a), when a bond was given.

Scope; What Is NOT Warranted

THIS IS A FIDUCIARY (SPECIAL) WARRANTY DEED. The Grantor conveys only the Estate's interest and does NOT warrant against:

☐ Title defects existing before or independent of the Decedent's ownership
☐ Liens or encumbrances created by the Decedent or prior owners
☐ Claims by parties not claiming through Grantor as fiduciary

EXCEPTIONS TO COVENANTS

This conveyance is made SUBJECT TO:

Standard Exceptions

☐ Taxes due and payable on the current Grand List
☐ Building and zoning regulations and ordinances
☐ Such state of facts as an accurate survey would show
☐ Easements and restrictions of record
☐ Existing mortgages and liens of record
☐ Connecticut estate tax lien, if any (CGS § 12-398), to the extent not released

Specific Exceptions

1. [SPECIFIC EXCEPTION]
   Recorded in Volume _____, Page _____, [TOWN/CITY] Land Records

2. [SPECIFIC EXCEPTION]
   Recorded in Volume _____, Page _____, [TOWN/CITY] Land Records

☐ See Exhibit B for additional exceptions

EXECUTION

IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand and seal this _____ day of _________________, 20_____, solely in Grantor's capacity as [Executor/Administrator].

GRANTOR SIGNATURE (Fiduciary)

Signed, sealed, and delivered in the presence of:

________________________________________  (L.S.)
[FIDUCIARY NAME]
Not individually, but solely as [Executor/Administrator]
of the Estate of [DECEDENT NAME], deceased

Co-Fiduciary (if any — all must join):

________________________________________  (L.S.)
[CO-FIDUCIARY NAME]
As Co-[Executor/Administrator] of the Estate of
[DECEDENT NAME], deceased

WITNESS SIGNATURES (REQUIRED - Two Witnesses per CGS § 47-5)

NOTE: Connecticut requires TWO witnesses to a deed of conveyance. The officer taking the acknowledgment may serve as one of the witnesses (CGS § 47-5).

Witness 1:
________________________________________
Print Name: _____________________________

Witness 2:
________________________________________
Print Name: _____________________________

ACKNOWLEDGMENT (Representative Capacity)

STATE OF CONNECTICUT  )
                      ) ss. [TOWN/CITY]
COUNTY OF ___________ )

On this _____ day of _________________, 20_____, before me, the
undersigned officer, personally appeared _________________________________,
who acknowledged himself/herself to be the [Executor/Administrator] of the
Estate of [DECEDENT NAME], deceased, and that he/she, as such fiduciary,
being authorized so to do, executed the foregoing instrument for the
purposes therein contained, by signing the name of the Estate by
himself/herself as such fiduciary.

In witness whereof I hereunto set my hand.

________________________________________
Commissioner of the Superior Court /
Notary Public / Justice of the Peace
My Commission Expires: _________________

EXHIBIT A - LEGAL DESCRIPTION

Property Address:
[STREET ADDRESS]
[TOWN/CITY], Connecticut [ZIP]

Town/City: [TOWN/CITY]
County: [COUNTY]
Assessor's Map/Block/Lot: Map _____, Block _____, Lot _____

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION]

Example:
All that certain piece or parcel of land with the buildings and improvements thereon, situated in the Town/City of [TOWN/CITY], County of [COUNTY], and State of Connecticut, bounded and described as follows:

[METES AND BOUNDS DESCRIPTION]

Being the same premises conveyed to the Decedent by deed of [PRIOR GRANTOR] dated [DATE] and recorded in Volume _____, Page _____ of the [TOWN/CITY] Land Records.

EXHIBIT B - SPECIFIC EXCEPTIONS (If Applicable)

1. ________________________________________________________________
   (Volume _____, Page _____)

2. ________________________________________________________________
   (Volume _____, Page _____)

CONNECTICUT RECORDING & PROBATE REQUIREMENTS

Recording Office

Connecticut does NOT have county recording. Record with the Town or City Clerk where the property is located.

Probate Authority (CGS § 45a-164)

• Absent an adequate testamentary power of sale, the fiduciary must obtain Probate Court authorization by written application, notice, and hearing, on a finding that the sale/mortgage is in the best interests of the parties in interest.
• A probate bond may be required unless dispensed with (CGS §§ 45a-139, 45a-169).
• A guardian ad litem is appointed for interested persons not in being, not ascertained, or under disability (§ 45a-164(d)).
• Record a certified copy of the order/decree and the fiduciary's certificate with or before the deed.

Conveyance Tax Forms Required

• Form OP-236 — Connecticut Real Estate Conveyance Tax Return (and Schedules A/B as applicable)

Document Requirements

☐ Two witnesses required (CGS § 47-5)
☐ Proper acknowledgment by the fiduciary in representative capacity (CGS § 47-5(a)(3)); use an authorized officer (CGS § 47-5a)
☐ Name and address for return of recorded document
☐ Conveyance tax return and payment (OP-236)
☐ Certified copy of the Probate Court order and fiduciary certificate

Statutory References

• CGS § 45a-164 — Sale or mortgage of real property by fiduciary
• CGS § 45a-167 — Public sale procedure
• CGS § 47-5 — Execution and witness requirements
• CGS § 47-5(a)(3) — Deed acknowledgment requirement
• CGS § 47-5a — Persons authorized to take deed acknowledgments
• CGS § 12-494 et seq. — Real estate conveyance tax

ATTORNEY REVIEW NOTICE

IMPORTANT: Connecticut Practice Book § 2-44A treats legal drafting for another person as the practice of law. Coordinate any required fiduciary authorization with the Probate Court, and have a Connecticut-licensed attorney review this deed and the transaction.

TITLE INSURANCE NOTICE

IMPORTANT: Because this is a fiduciary (special warranty) conveyance, Grantee is STRONGLY ADVISED to obtain an owner's policy of title insurance and to confirm that the Probate Court authorization, fiduciary certificate, and any estate tax lien release support marketable title.

☐ Grantee acknowledges receipt of this recommendation

END OF EXECUTOR'S / ADMINISTRATOR'S DEED

Connecticut General Statutes Title 45a (Probate) and Title 47 (Property)