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

IMPORTANT LEGAL NOTICE
This Executor's/Administrator's Deed is a fiduciary conveyance of a decedent's Delaware real property. In Delaware, real property passes at death to the heirs/devisees, not to the personal estate; where the personal estate is insufficient to pay the decedent's debts, the executor or administrator must petition the Court of Chancery for an order of sale under 12 Del. C. § 2701 et seq. (with at least 10 days' notice to interested parties and tenants in possession). Where the will confers a power of sale, the fiduciary may convey under that power. The words "grant and convey," unless limited, operate as a special warranty against the Grantor (25 Del. C. § 121). The fiduciary conveys only the estate's title and assumes no personal liability. Obtain title insurance for complete protection.

EXECUTOR'S / ADMINISTRATOR'S DEED

State of Delaware

RECORDING INFORMATION

Prepared By and Return To:

Name: ________________________________________
Address: _____________________________________
         _____________________________________
Delaware Bar No. (if attorney): ______________

PROPERTY INFORMATION

DELAWARE REALTY TRANSFER TAX

Required Tax Forms

☐ Form RTT-TAX - Realty Transfer Tax Return and Affidavit of Gain and Value
☐ County-specific affidavits and information sheets

PARTIES

GRANTOR (Estate Fiduciary):

Name: [FIDUCIARY FULL LEGAL NAME], 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 tenants by the entirety (married couples)
☐ As joint tenants with right of survivorship
☐ As tenants in common (____% and ____%)
☐ As a Delaware limited liability company
☐ As Trustee of [Trust Name]
☐ As heir/devisee receiving distribution

ESTATE AND APPOINTMENT RECITALS

The Grantor was duly appointed by the Register of Wills and is the qualified and acting [Executor/Administrator] of the Estate, and the Letters (Testamentary or of Administration) remain in full force and effect and unrevoked.

AUTHORITY FOR CONVEYANCE

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

☐ Power of sale in the Will (cite article/section): _________________________ — the Grantor conveys under the testamentary power of sale.

☐ Court of Chancery order of sale (12 Del. C. § 2701 et seq.). The personal estate being insufficient to pay the Decedent's debts, the Grantor petitioned the Court of Chancery of [COUNTY] County, gave the required notice (at least 10 days to interested parties and tenants in possession — § 2701(b)), and the Court, by order dated [__/__/____] in C.A. No. _______________, authorized and/or confirmed the sale of the Property.

☐ Distribution to heir/devisee in accordance with the Will or the laws of intestacy.

CONVEYANCE

Granting Clause

THIS DEED, made this _____ day of _________________, 20_____, by and between [FIDUCIARY NAME], [Executor/Administrator] of the Estate of [DECEDENT NAME], deceased ("Grantor"), party of the first part, and [GRANTEE NAME], of [CITY], [STATE] ("Grantee"), party of the second part.

WITNESSETH, that the said Grantor, for and in consideration of the sum of [WRITTEN AMOUNT] DOLLARS ($[NUMERIC]), lawful money of the United States of America, unto the said Grantor well and truly paid by the said Grantee, the receipt whereof is hereby acknowledged, and by the authority recited above, has granted, bargained, sold, released, and confirmed, and by these presents does GRANT AND CONVEY unto the said Grantee, Grantee's heirs and assigns, all of the right, title, and interest of the Decedent and of the Estate in and to all that certain lot, piece, or parcel of land situated in [HUNDRED], [COUNTY] County, State of Delaware, and more particularly described in Exhibit A attached hereto (the "Property").

Statutory Effect of "Grant and Convey" (25 Del. C. § 121)

Pursuant to 25 Del. C. § 121, the words "grant and convey" in this Deed, unless specifically restricted or limited, operate as a SPECIAL WARRANTY against the Grantor and all persons claiming under the Grantor. Consistent with the fiduciary nature of this conveyance, the warranty is limited as set forth below.

Property Conveyed

TOGETHER with all and singular the buildings, improvements, ways, waters, water-courses, rights, liberties, privileges, hereditaments, and appurtenances whatsoever thereunto belonging or in anywise appertaining, and the reversions and remainders, rents, issues, and profits thereof, including:

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

Habendum Clause

TO HAVE AND TO HOLD the said lot or piece of ground above described with the buildings and improvements thereon erected, hereditaments and premises hereby granted, with the appurtenances, unto the said Grantee, Grantee's heirs and assigns, to and for the only proper use and behoof of the said Grantee, Grantee's heirs and assigns forever.

FIDUCIARY (SPECIAL) WARRANTY COVENANTS

Limited Warranty by the Fiduciary

AND the said Grantor, in Grantor's representative capacity, does covenant, grant, and agree to and with the said Grantee, Grantee's heirs and assigns, that the Grantor has not done or suffered to be done, in the Grantor's capacity as [Executor/Administrator], any act, matter, or thing whereby the premises hereby granted are or may be encumbered in title, estate, or otherwise, and that Grantor will warrant and defend the same against all persons claiming by, through, or under Grantor as fiduciary, but against no other persons.

Representative Capacity; No Personal Liability

This Deed is executed by Grantor solely in Grantor's capacity as [Executor/Administrator] and not individually. No covenant herein shall create personal liability of the individual serving as fiduciary; recourse is limited to the assets of the Estate. The Grantor conveys only such title as the Decedent owned at death and as the Estate is empowered to convey.

Scope; What Is NOT Warranted

☐ Claims arising before or independent of the Decedent's acquisition of title
☐ Defects or encumbrances created by the Decedent or prior owners
☐ Claims by parties not claiming through Grantor as fiduciary
☐ Matters of record prior to the Decedent's acquisition

EXCEPTIONS TO WARRANTY

This conveyance is made and accepted SUBJECT TO:

Standard Exceptions

☐ All taxes and assessments, general and special, not yet due and payable
☐ Building and zoning laws, ordinances, and regulations
☐ Restrictions, conditions, and easements of record
☐ Facts an accurate survey would disclose
☐ Existing mortgages and liens of record
☐ Rights of tenants in possession, if any

Specific Exceptions

1. [SPECIFIC EXCEPTION]
   Recorded in Deed Book _____, Page _____, [COUNTY] County Records

2. [SPECIFIC EXCEPTION]
   Recorded in Deed Book _____, Page _____, [COUNTY] County Records

☐ See Exhibit B for additional exceptions

EXECUTION

IN WITNESS WHEREOF, the said Grantor has hereunto set Grantor's hand and seal the day and year first above written, solely in Grantor's capacity as [Executor/Administrator].

GRANTOR SIGNATURE (Fiduciary)

SIGNED, SEALED, AND DELIVERED
in the presence of:

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

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

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

ACKNOWLEDGMENT (Representative Capacity)

Acknowledgment Within Delaware (25 Del. C. § 122)

STATE OF DELAWARE    )
                     ) ss.
[COUNTY] COUNTY      )

BE IT REMEMBERED, that on this _____ day of _________________, 20_____,
personally came before me, the subscriber, a Notary Public for the State
of Delaware, ____________________________________________, the
[Executor/Administrator] of the Estate of [DECEDENT NAME], deceased,
party to this Deed, known to me personally to be such, and acknowledged
this Deed to be his/her act and deed as such fiduciary and the act and
deed of said Estate.

GIVEN under my hand and seal of office, the day and year aforesaid.

________________________________________
Notary Public
My Commission Expires: _________________

[NOTARY SEAL]

Acknowledgment Outside Delaware (25 Del. C. § 129)

STATE OF _____________ )
                       ) ss.
COUNTY OF ____________ )

On this _____ day of _________________, 20_____, before me, a Notary
Public, personally appeared ____________________________________________,
the [Executor/Administrator] of the Estate of [DECEDENT NAME], deceased,
known to me (or proved on the basis of satisfactory evidence) to be the
person whose name is subscribed to the within instrument, and acknowledged
that he/she executed the same in such fiduciary capacity.

WITNESS my hand and official seal.

________________________________________
Notary Public
My Commission Expires: _________________

[NOTARY SEAL]

EXHIBIT A - LEGAL DESCRIPTION

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

County: [COUNTY]
Hundred: [HUNDRED NAME]
Tax Parcel ID: [NUMBER]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION]

Example:
ALL that certain lot, piece, or parcel of land and premises situated in [HUNDRED], [COUNTY] County, State of Delaware, bounded and described as follows:

[METES AND BOUNDS DESCRIPTION]

BEING the same lands and premises conveyed to the Decedent by deed of [PRIOR GRANTOR] dated [DATE] and recorded in the Office of the Recorder of Deeds in and for [COUNTY] County, Delaware, in Deed Book _____, Page _____.

EXHIBIT B - SPECIFIC EXCEPTIONS (If Applicable)

1. ________________________________________________________________
   (Deed Book _____, Page _____)

2. ________________________________________________________________
   (Deed Book _____, Page _____)

DELAWARE RECORDING & PROBATE REQUIREMENTS

Recording Offices

Record at the Recorder of Deeds for the county where the property is located:

• Kent County - Recorder of Deeds, Dover
• New Castle County - Recorder of Deeds, Wilmington
• Sussex County - Recorder of Deeds, Georgetown

Probate / Sale Authority

• Power of sale in the Will: Fiduciary conveys under the testamentary power.
• Sale to pay debts: Requires a Court of Chancery petition, notice (at least 10 days to interested parties and tenants in possession — 12 Del. C. § 2701), order of sale, and confirmation. Record the order/confirmation with or before the deed.
• Delaware real property descends to heirs/devisees at death; confirm whether they must join to pass record title.

Realty Transfer Tax (30 Del. C. § 5401, § 5402)

• State Rate: 3% of consideration, reduced to 2.5% where the county or municipality has enacted its full 1.5% local realty transfer tax
• County/Municipal Rate: Up to 1.5%, where enacted (most Delaware counties and municipalities have enacted the full 1.5% rate)
• Form RTT-TAX (Realty Transfer Tax Return and Affidavit) required

Document Requirements

☐ Words "grant and convey" REQUIRED for insurability (25 Del. C. § 121)
☐ Proper acknowledgment in representative capacity (25 Del. C. §§ 122, 129)
☐ Form RTT-TAX and county-specific affidavits
☐ Certified copy of Letters and any Court of Chancery order/confirmation

Statutory References

• 12 Del. C. § 2701 et seq. - Sale of lands by executors and administrators
• 25 Del. C. § 121 - Effect of "grant and convey" (special warranty)
• 25 Del. C. §§ 122, 129 - Acknowledgment within / outside Delaware
• 30 Del. C. § 5401 et seq. - Realty Transfer Tax

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 testamentary power of sale and/or Court of Chancery order, the Letters, and creditor-claim matters support marketable title.

☐ Grantee acknowledges receipt of this recommendation

END OF EXECUTOR'S / ADMINISTRATOR'S DEED

Delaware Code Title 12 (Decedents' Estates) and Title 25 (Property)