Personal Representative's Deed - Florida

IMPORTANT LEGAL NOTICE
This Personal Representative's Deed conveys a decedent's real property by a fiduciary acting in a representative capacity. Use it only if Letters appoint the Grantor as personal representative; in summary administration, the court's distribution order assigns property to the recipients under Fla. Stat. § 735.206. The Grantor warrants ONLY against acts done by the Grantor as Personal Representative — this is a limited (special) fiduciary warranty, not a general warranty. Individual liability is governed by Fla. Stat. § 733.619, including its contract-disclosure, attorney-fee, and personal-fault provisions. A Florida personal representative may convey estate real property without prior court order only where the will confers a power of sale (F.S. § 733.613(2)); otherwise, court authorization or confirmation of sale is required and no title passes until the court authorizes or confirms the sale (F.S. § 733.613(1)). Obtain title insurance for complete protection.

PERSONAL REPRESENTATIVE'S DEED

State of Florida

RECORDING INFORMATION

Recording layout: Before printing, leave the top-right 3-inch by 3-inch area of page one blank for the clerk. Leave the top-right 1-inch by 3-inch area of every later page blank. Place all deed text and signatures outside those spaces (Fla. Stat. § 695.26(1)(e)).

This Instrument Prepared By:

Name: ________________________________________
Address: _____________________________________
Florida Bar No.: _____________________________

After Recording Return To:

Name: ________________________________________
Address: _____________________________________
         _____________________________________

PROPERTY INFORMATION

DOCUMENTARY STAMP TAX

PARTIES

GRANTOR (Personal Representative / Fiduciary):

Name: [PERSONAL REPRESENTATIVE FULL LEGAL NAME], not individually but solely as Personal Representative of the Estate of [DECEDENT FULL LEGAL NAME], deceased

Mailing Address: [FULL ADDRESS]

Fiduciary Capacity:
☐ Personal Representative (Executor) under the Last Will of the Decedent
☐ Personal Representative (Administrator) of the intestate Estate of the Decedent
☐ Co-Personal Representatives (obtain the concurrence required by F.S. § 733.615 and the will, if any)

GRANTEE:

Name: [GRANTEE FULL LEGAL NAME]

Mailing Address: [FULL ADDRESS]

Manner of Holding Title:
☐ Individually
☐ Husband and wife as tenants by the entirety
☐ As joint tenants with right of survivorship
☐ As tenants in common
☐ As a Florida limited liability company
☐ As Trustee of [Trust Name] u/a/d [Date]
☐ As a beneficiary / devisee receiving distribution in kind

ESTATE AND FIDUCIARY RECITALS

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

AUTHORITY FOR CONVEYANCE

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

☐ Power of sale in the Will. The Decedent's Will confers ☐ a specific power to sell this real property or ☐ a general power to sell estate assets. Under F.S. § 733.613(2), the Personal Representative may sell estate real property without court authorization or confirmation, and the sale need not be justified by a showing of necessity. The separate purchaser protection in subsection (3) applies to a sale under a specific real-property sale power or a court order.

☐ Court order authorizing or confirming sale. By Order dated [__/__/____], the Court authorized and/or confirmed the sale of the Property pursuant to F.S. § 733.613(1) (no power of sale, or a power that cannot conveniently be exercised). No title passes until the Court authorizes or confirms the sale.

☐ Performance of the Decedent's contract to convey under F.S. § 733.612(2).

☐ Distribution in kind to a beneficiary/devisee in accordance with the Will or the laws of intestacy and any order of distribution.

CONVEYANCE

Granting Clause

THIS PERSONAL REPRESENTATIVE'S DEED, made this _____ day of _________________, 20_____, by [PERSONAL REPRESENTATIVE NAME], as Personal Representative of the Estate of [DECEDENT NAME], deceased ("Grantor"), whose mailing address is [GRANTOR ADDRESS], to [GRANTEE NAME], whose mailing address is [GRANTEE ADDRESS] ("Grantee").

Words of Conveyance

WITNESSETH, that Grantor, in the fiduciary capacity recited above and for and in consideration of the sum of [WRITTEN AMOUNT] DOLLARS ($[NUMERIC]) and other good and valuable consideration, receipt whereof is hereby acknowledged, by the authority vested in Grantor as Personal Representative, hereby grants, bargains, sells, aliens, remises, releases, conveys, and confirms unto Grantee all of the right, title, and interest of the Decedent and of the Estate in and to all that certain land situate in [COUNTY] County, Florida, and described in Exhibit A attached hereto (the "Property").

Property Conveyed

TOGETHER with all tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining, including:

☐ All improvements, buildings, and fixtures
☐ All easements and rights-of-way
☐ All riparian or littoral rights (if waterfront property)
☐ All rights in streets and ways adjoining the Property

LIMITED (FIDUCIARY) WARRANTY

Representative Capacity; Special Warranty

Grantor covenants with Grantee that Grantor has not done or suffered to be done, in Grantor's capacity as Personal Representative, anything whereby the Property is or may be encumbered or charged, and 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.

Representative Capacity; Individual Liability

This Deed is executed by Grantor in Grantor's representative capacity as Personal Representative of the Estate. This deed does not waive individual liability that may arise under Fla. Stat. § 733.619, including its exceptions for attorney-fee contracts, failure to disclose representative capacity and identify the estate, and personal fault.

Conveyance of Estate's Title Only

Grantor conveys only such right, title, and interest as the Decedent owned at death and as the Estate is empowered to convey. Grantor makes NO general warranty of title and does NOT warrant against:

☐ Title defects existing before or independent of the Decedent's ownership
☐ Liens or encumbrances created by the Decedent or by prior owners
☐ Claims by parties not claiming through Grantor as Personal Representative
☐ Any matter that an accurate survey or examination of title would disclose

EXCEPTIONS

Subject To Clause

This conveyance is made SUBJECT TO:

☐ Taxes and assessments for the year 20_____ and subsequent years
☐ Zoning, building codes, and governmental regulations
☐ Restrictions, reservations, and easements common to the subdivision
☐ Existing mortgages and other liens of record (which are NOT affected — F.S. § 733.613(3))
☐ Matters that would be disclosed by an accurate survey

Specific Exceptions

1. [SPECIFIC EXCEPTION — e.g., "Mortgage to ____ recorded in O.R. Book ____, Page ____"]
2. [SPECIFIC EXCEPTION]
3. [SPECIFIC EXCEPTION]

☐ See Exhibit B for additional exceptions

HABENDUM

TO HAVE AND TO HOLD the Property, with the appurtenances, unto Grantee, Grantee's heirs and assigns, to Grantee's own use and benefit forever.

EXECUTION

IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written, solely in Grantor's capacity as Personal Representative.

GRANTOR SIGNATURE (Personal Representative)

Signed, sealed, and delivered in the presence of:

_______________________________________  (Seal)
[PERSONAL REPRESENTATIVE NAME]
Not individually, but solely as Personal
Representative of the Estate of
[DECEDENT NAME], deceased

Print Name: ____________________________

Additional Co-Personal Representative (add signature blocks for those whose concurrence is required):

_______________________________________  (Seal)
[CO-PERSONAL REPRESENTATIVE NAME]
As Co-Personal Representative of the Estate of
[DECEDENT NAME], deceased

Print Name: ____________________________

WITNESS SIGNATURES (REQUIRED - Two Witnesses)

Witness 1:
_________________________________________
Print Name: _____________________________
Address: ________________________________

Witness 2:
_________________________________________
Print Name: _____________________________
Address: ________________________________

ACKNOWLEDGMENT (Representative Capacity)

STATE OF FLORIDA
COUNTY OF ____________________

The foregoing instrument was acknowledged before me by means of
☐ physical presence or ☐ online notarization this _____ day of
_________________, 20_____, by _________________________________________,
as Personal Representative of the Estate of [DECEDENT NAME], deceased,
on behalf of the Estate.

He/She is ☐ personally known to me or ☐ has produced _____________________
as identification.

_________________________________________
Notary Public, State of Florida
Print Name: _____________________________
My Commission Expires: __________________
Commission No.: _________________________

[NOTARY SEAL]

EXHIBIT A – LEGAL DESCRIPTION

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

Parcel Identification Number: [NUMBER]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION]

Example:
Lot ___, Block ___, [SUBDIVISION NAME], according to the plat thereof as recorded in Plat Book ___, Page ___, of the Public Records of [COUNTY] County, Florida.

Being the same property acquired by the Decedent by deed recorded in O.R. Book ____, Page ____, Public Records of [COUNTY] County, Florida.

EXHIBIT B – SPECIFIC EXCEPTIONS (If Applicable)

[List all encumbrances that will remain after closing]

1. ________________________________________________________________
   (O.R. Book _____, Page _____)

2. ________________________________________________________________
   (O.R. Book _____, Page _____)

FLORIDA RECORDING & PROBATE REQUIREMENTS

Documentary Stamp Tax

• Rate: $0.70 per $100 of consideration in all counties except Miami-Dade (F.S. § 201.02)
• Miami-Dade County Rate: $0.60 per $100, PLUS a $0.45 per $100 discretionary surtax on non-single-family transfers (F.S. § 201.031)
• Stamps must be paid before or at recording

Probate Authority (F.S. § 733.613)

• With a specific real-property sale power or a general estate-asset sale power in the Will: A sale needs no court confirmation or showing of necessity (§ 733.613(2)). The purchaser or lender takes free of estate creditor claims and beneficiary entitlements under § 733.613(3) only if the transaction is under a specific real-property sale or mortgage power or a court order; existing mortgages and liens remain unaffected.
• No power of sale / intestate estate: Court must authorize or confirm the sale; no title passes until the court authorizes or confirms the sale (§ 733.613(1))
• Joint personal representatives: Unless the will provides otherwise, all must concur if appointed under a will or codicil executed before October 1, 1987, or for an intestate decedent who died before that date; otherwise a majority must concur. Section 733.615(1) also provides exceptions for receipt of estate property, necessary emergency action, and delegated authority. Obtain signatures sufficient to show the required concurrence.

Recording Requirements

• File with: Clerk of the Circuit Court, [COUNTY] County
• Recording Fee: Per F.S. § 28.24 (varies by page count)
• Two witnesses required for a valid conveyance (F.S. § 689.01)
• Notarization required for recording (F.S. § 695.03)
• Record a certified copy of Letters of Administration with or before the deed to evidence the Grantor's authority (recommended; some title underwriters require it)

Deed and Recording Information

☐ Parcel identification number entered if available; its omission does not invalidate the deed or prevent recording (F.S. § 689.02(2))
☐ Grantee's name and post-office address (F.S. § 695.26(1)(f))
☐ Preparer's name and address

TITLE INSURANCE NOTICE

IMPORTANT: A Personal Representative's Deed conveys only the Estate's title under a limited fiduciary warranty. Grantee is STRONGLY ADVISED to obtain an owner's policy of title insurance and to confirm that the probate proceeding (Letters, any required court order/confirmation, creditor-claim period, and elective-share/homestead issues) supports marketable title.

☐ Grantee acknowledges receipt of this recommendation

END OF PERSONAL REPRESENTATIVE'S DEED

Florida Probate Code, Chapter 733; Documentary Stamp Tax, F.S. § 201.02