Personal Representative's Deed - District of Columbia

IMPORTANT LEGAL NOTICE
This Personal Representative's Deed is a fiduciary conveyance of a decedent's District of Columbia real property by a personal representative appointed by the Probate Division of the Superior Court. Under D.C. Code § 20-741(6) a personal representative may acquire or dispose of real property, subject to any limits in the will, Title 20, or a Court order; in unsupervised administration this power is generally exercised without a prior Court order, while supervised administration or a will limitation may require Court authorization. A person who in good faith deals with the personal representative for value is protected as if the power were properly exercised (§ 20-744). The personal representative warrants only against the representative's own acts — a limited (special) warranty — and assumes no personal liability. Obtain title insurance for complete protection.

PERSONAL REPRESENTATIVE'S DEED

District of Columbia

TABLE OF CONTENTS

1. Document Header & Recording Information
2. Definitions
3. Estate Recitals & Authority
4. Operative Conveyance Provisions
5. Limited (Fiduciary) Warranty Covenants
6. Permitted Encumbrances
7. Representative Capacity & No Personal Liability
8. Dispute Resolution & Governing Law
9. General Provisions
10. Execution & Acknowledgment
11. Exhibits & Attachments

1. DOCUMENT HEADER & RECORDING INFORMATION

Prepared By:
_______________________________________________

Return Recorded Document To:
_______________________________________________
_______________________________________________

Mail Tax Statements To:
_______________________________________________
_______________________________________________

RECORDER OF DEEDS INFORMATION

TRANSFER & RECORDATION TAX CLASSIFICATION

First classify the conveyance as an estate sale, in-kind distribution, contract-performance deed, or other transaction. A personal representative's transfer to a distributee without additional consideration falls within the exemptions in §§ 42-1102(10) and 47-902(18); other routes require their own tax analysis and any claimed exemption must be verified under the current exemption sections and Office of Tax and Revenue instructions.

For an ordinary taxable deed conveying title, §§ 42-1103 and 47-903 each impose a 1.1% base rate. Each section adds 0.35% except for residential property transferred for consideration below $400,000. If consideration is absent or nominal, the ordinary taxable base is fair market value as determined by the Mayor unless a current exemption applies. Economic-interest transfers, long-term leases, security instruments, and special programs use different rules.

Exact exemption citation and required return/form: [____________]

2. DEFINITIONS

"Deed" means this Personal Representative's Deed.

"Deed Date" means [EFFECTIVE DATE].

"Decedent" means [DECEDENT FULL LEGAL NAME], who died on [DATE OF DEATH].

"Grantor" means [PERSONAL REPRESENTATIVE FULL LEGAL NAME], not individually but solely as Personal Representative of the Estate of the Decedent, whose address is [GRANTOR ADDRESS].

"Grantee" means [GRANTEE FULL LEGAL NAME], a [individual/married individual/[STATE] limited liability company/[STATE] corporation/trustee of [TRUST NAME]/heir or legatee receiving distribution], whose address is [GRANTEE ADDRESS].

"Consideration" means [WRITTEN AMOUNT] Dollars (US $[NUMERIC AMOUNT]).

"Estate" means the Estate of the Decedent, Probate Division, Superior Court of the District of Columbia, Administration No. [ADM NUMBER].

"Property" means the real property described in Exhibit A, together with all improvements, fixtures, easements, rights, and appurtenances.

"Permitted Encumbrances" means only those matters listed in Section 6.

3. ESTATE RECITALS & AUTHORITY

3.1 Appointment

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

3.2 Authority for Conveyance

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

☐ General power under D.C. Code § 20-741(6) to "acquire or dispose of property, real or personal, including land in this or another jurisdiction, for cash or on credit, at public or private sale," exercised in unsupervised administration without a prior Court order, subject to any limitation in the will or Title 20.

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

☐ Order of the Court dated [__/__/____] authorizing or confirming this conveyance (required where administration is supervised or the will so requires).

☐ Distribution in kind under D.C. Code § 20-1103, evidenced by this deed of distribution, assignment, transfer, and release to the distributee.

4. OPERATIVE CONVEYANCE PROVISIONS

4.1 Grant and Conveyance

FOR AND IN CONSIDERATION of the Consideration stated above, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Grantor, in the representative capacity recited above and by the authority of D.C. Code § 20-741, does hereby GRANT, BARGAIN, SELL, AND CONVEY WITH SPECIAL WARRANTY unto Grantee, and Grantee's heirs, successors, and assigns forever, all of the right, title, and interest of the Decedent and of the Estate in and to the Property.

4.2 Estate Conveyed

Grantor conveys all such right, title, and interest as the Decedent owned at death and as the Estate is empowered to convey, together with:

☐ All buildings, structures, and improvements thereon
☐ All fixtures attached to the Property
☐ All easements, rights-of-way, and appurtenances
☐ All rights to streets, alleys, and ways adjacent to the Property

4.3 Habendum Clause

TO HAVE AND TO HOLD the Property, with all privileges and appurtenances thereunto belonging, unto Grantee, Grantee's heirs, successors, and assigns, forever.

5. LIMITED (FIDUCIARY) WARRANTY COVENANTS

5.1 Scope of Special Warranty

IMPORTANT: LIMITED FIDUCIARY WARRANTY

Grantor covenants and warrants ONLY as to acts done or suffered by Grantor in Grantor's capacity as Personal Representative. Grantor will warrant and defend the Property against the lawful claims of all persons claiming by, through, or under Grantor as Personal Representative, but against none other. This Deed does NOT warrant against:

• Title defects existing before or independent of the Decedent's ownership
• Claims arising from acts of the Decedent or prior owners
• Encumbrances created before the Decedent's ownership
• Any matter not caused by Grantor as Personal Representative

5.2 Conveyance of Estate's Title Only

Grantor conveys only such title as the Estate holds and is empowered to convey, and makes NO general warranty of title.

6. PERMITTED ENCUMBRANCES

The conveyance is made SUBJECT TO the following Permitted Encumbrances:

6.1 Standard Exceptions

☐ Real property taxes and assessments not yet due and payable
☐ Easements, covenants, conditions, and restrictions of record
☐ Zoning, building, and land-use regulations imposed by governmental authority
☐ Existing deeds of trust, mortgages, and other liens of record
☐ Rights of tenants in possession (if applicable)

6.2 Specific Encumbrances

☐ [SPECIFIC ENCUMBRANCE 1 — e.g., "Deed of Trust recorded as Instrument No. ___"]
☐ [SPECIFIC ENCUMBRANCE 2]
☐ See Exhibit B for additional encumbrances

7. REPRESENTATIVE CAPACITY & NO PERSONAL LIABILITY

7.1 Representative Capacity

This Deed is executed by Grantor solely in Grantor's capacity as Personal Representative of the Estate and not individually. No covenant, representation, or obligation in this Deed shall create personal liability of the individual serving as Personal Representative.

7.2 Recourse Limited to Estate

Recourse for any obligation arising under this Deed is limited to the assets of the Estate.

7.3 Protection of Grantee (D.C. Code § 20-744)

Except as otherwise provided in D.C. Code § 20-753, a person who in good faith deals with the Personal Representative for value is protected as if the Personal Representative had properly exercised the power exercised in this conveyance, and is not bound to inquire whether the Personal Representative has acted properly.

8. DISPUTE RESOLUTION & GOVERNING LAW

8.1 Governing Law

This Deed shall be governed by and construed in accordance with the laws of the District of Columbia, without regard to conflict-of-laws principles.

8.2 Forum Selection

Exclusive Jurisdiction: Superior Court of the District of Columbia (Probate Division for estate matters); or the United States District Court for the District of Columbia (if federal jurisdiction exists).

8.3 Waiver of Jury Trial

TO THE EXTENT PERMITTED BY D.C. LAW, EACH PARTY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF THIS DEED.

8.4 Attorney Fees

The prevailing party in any action to enforce this Deed shall be entitled to recover reasonable attorney fees and costs from the non-prevailing party.

9. GENERAL PROVISIONS

9.1 Successors and Assigns

All covenants herein shall run with the land and bind and benefit the parties and their respective heirs, successors, and assigns.

9.2 Severability

If any provision is held unenforceable, the remaining provisions shall continue in full force and effect.

9.3 Recording

This Deed shall be recorded with the Recorder of Deeds of the District of Columbia. Per D.C. Code § 20-1103, the Personal Representative pays the costs of deed recordation as a cost of administration of the Estate.

9.4 Construction

• Headings are for convenience only
• "Including" means "including but not limited to"
• Singular includes plural and vice versa

10. EXECUTION & ACKNOWLEDGMENT

IN WITNESS WHEREOF, Grantor has executed this Personal Representative's Deed as of the Deed Date, solely in Grantor's capacity as Personal Representative.

GRANTOR SIGNATURE (Personal Representative)

________________________________________
[PERSONAL REPRESENTATIVE NAME]
Not individually, but solely as Personal
Representative of the Estate of
[DECEDENT NAME], deceased
Date: _______________________

Co-Personal Representative (if any — all must join):

________________________________________
[CO-PERSONAL REPRESENTATIVE NAME]
As Co-Personal Representative of the Estate of
[DECEDENT NAME], deceased
Date: _______________________

DISTRICT OF COLUMBIA ACKNOWLEDGMENT (Representative Capacity)

DISTRICT OF COLUMBIA, ss.:

On this _____ day of _________________, 20_____, before me, the undersigned
Notary Public, personally appeared ________________________________________,
known to me (or proved to me on the basis of satisfactory evidence) to be the
Personal Representative of the Estate of [DECEDENT NAME], deceased, whose name
is subscribed to the within instrument, and acknowledged that he/she executed
the same in such fiduciary capacity for the purposes therein contained.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal.

________________________________________
Notary Public
My Commission Expires: _________________

[NOTARY SEAL]

11. EXHIBITS & ATTACHMENTS

Required Attachments

☐ Exhibit A – Legal Description of Property
☐ Exhibit B – Permitted Encumbrances (if any beyond standard exceptions)
☐ Form FP-7/C – DC Real Property Recordation and Transfer Tax Form
☐ Certified copy of Letters of Administration / Letters Testamentary
☐ Court order authorizing/confirming sale (if supervised administration or will so requires)

EXHIBIT A – LEGAL DESCRIPTION

Property Address: [STREET ADDRESS, WASHINGTON, DC ZIP]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION FROM TITLE COMMITMENT OR PRIOR DEED]

Parcel Identification:

• Square: [NUMBER]
• Suffix: [SUFFIX]
• Lot: [NUMBER]
• A&T Number: [NUMBER]

Being the same property acquired by the Decedent by deed recorded as Instrument No. _______________ among the Land Records of the District of Columbia.

EXHIBIT B – SPECIFIC PERMITTED ENCUMBRANCES

1. [DESCRIPTION OF ENCUMBRANCE, Recording Information]

2. [DESCRIPTION OF ENCUMBRANCE, Recording Information]

END OF PERSONAL REPRESENTATIVE'S DEED

Recording Reminder: Record promptly with the Recorder of Deeds; the Personal Representative pays recordation costs as a cost of administration (D.C. Code § 20-1103).
D.C. Code Title 20 (Probate) and § 42-401 et seq. (Recordation)