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

PERSONAL REPRESENTATIVE'S DEED

(Executor's / Administrator's Deed)

State of Georgia

Recording Requested By:
_____________________________________________

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Tax Parcel ID:
_____________________________________________

SPACE ABOVE THIS LINE FOR CLERK'S USE

DOCUMENT INFORMATION

PERSONAL REPRESENTATIVE'S DEED

STATE OF GEORGIA
COUNTY OF _________________

This Personal Representative's Deed is made and entered into this _____ day of _________________, 20_____.

ARTICLE I: PARTIES

Section 1.1 Grantor (Personal Representative)

Name of Personal Representative: _____________________________________________

acting solely in the representative capacity as ☐ Executor ☐ Administrator ☐ Administrator with the Will Annexed of the:

ESTATE OF _____________________________________________, DECEASED
(the "Decedent")

Probate Court of _________________ County, Georgia

Estate / Case No.: _____________________________________________

Letters Testamentary / Letters of Administration issued: [__/__/____]

Grantor's Mailing Address:
_____________________________________________
_____________________________________________

hereinafter called the "GRANTOR" or "Personal Representative."

Section 1.2 Grantee(s)

Name(s): _____________________________________________

Mailing Address:
_____________________________________________
_____________________________________________

Vesting:
☐ An individual
☐ Husband and wife, as joint tenants with right of survivorship
☐ As joint tenants with right of survivorship
☐ As tenants in common
☐ A _________________ [entity type], organized under the laws of _________________ [state]

hereinafter called the "GRANTEE."

ARTICLE II: AUTHORITY OF PERSONAL REPRESENTATIVE

Section 2.1 Source of Authority (O.C.G.A. § 53-8-10 et seq.)

The Personal Representative is authorized and empowered to sell and convey the real property described herein by virtue of (check all that apply):

☐ Power of sale granted in the Decedent's Last Will and Testament, admitted to probate in the above-named Probate Court (O.C.G.A. § 53-7-1(b)), which authorizes sale without further order of court;

☐ Order of the Probate Court dated [__/__/____], granting leave to sell the property following the petition and citation procedures of O.C.G.A. § 53-8-13;

☐ Statutory authority under O.C.G.A. § 53-8-10, the Personal Representative being authorized to sell, exchange, or otherwise dispose of real property for the payment of debts, for distribution of the estate, or for any other purpose in the best interest of the estate, subject to the procedures of Article 2 of Chapter 8.

Section 2.2 Recital of Compliance (O.C.G.A. § 53-8-13(e))

The Personal Representative recites that all acts, proceedings, notices, citations, and other requirements of law necessary to authorize this conveyance have been duly had, taken, and performed. Pursuant to O.C.G.A. § 53-8-13(e), this recital of compliance shall be prima-facie evidence of the facts recited.

ARTICLE III: CONVEYANCE

Section 3.1 Consideration

For and in consideration of the sum of $_____________________ (____________________ Dollars) and other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged,

Section 3.2 Granting Clause

the GRANTOR, in such representative capacity and not individually, does hereby GRANT, BARGAIN, SELL AND CONVEY unto the GRANTEE, and GRANTEE's heirs, successors, and assigns, all that tract or parcel of land lying and being in Land Lot _______ of the _______ District of _________________ County, Georgia, and being more particularly described as follows:

Section 3.3 Legal Description

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

Property Address: _____________________________________________

Tax Parcel Identification Number: _____________________________________________

Section 3.4 Appurtenances

TOGETHER WITH all and singular the rights, members, hereditaments, and appurtenances to said tract of land belonging or in anywise appertaining; TO HAVE AND TO HOLD said tract of land, with the appurtenances, unto the said GRANTEE, GRANTEE's heirs, successors, and assigns, in fee simple, conveying all the right, title, and interest of the Decedent and of the Decedent's estate in and to the said property.

ARTICLE IV: LIMITED FIDUCIARY WARRANTY

Section 4.1 Special (Limited) Warranty

The GRANTOR, in such representative capacity, covenants with the GRANTEE that the GRANTOR has done nothing to encumber said property during the GRANTOR's administration of the estate, and that the GRANTOR will WARRANT AND DEFEND the right and title to the above-described property unto the GRANTEE, GRANTEE's heirs, successors, and assigns, against the claims of all persons claiming by, through, or under the GRANTOR in such representative capacity, but against none other.

Section 4.2 Limitation of Warranty; No Personal Liability

NOTICE: This is a PERSONAL REPRESENTATIVE'S DEED conveying with a LIMITED (SPECIAL) WARRANTY only. The GRANTOR executes this deed solely in a fiduciary capacity. This deed does NOT contain general warranty covenants and does NOT warrant against:

• Defects in title arising prior to or independent of the Decedent's ownership;
• Claims of persons NOT claiming by, through, or under the GRANTOR in such representative capacity;
• Matters of record affecting the property.

The covenants herein bind the estate as though made by the Decedent but do not bind the Personal Representative personally.

ARTICLE V: EXCEPTIONS AND RESERVATIONS

Section 5.1 Subject To

This conveyance is made subject to:

(a) Ad valorem real property taxes for the year 20_____ and subsequent years, a lien but not yet due and payable;

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

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

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

(e) Rights of parties in possession;

(f) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________

ARTICLE VI: TRANSFER TAX INFORMATION

Section 6.1 Georgia Real Estate Transfer Tax (O.C.G.A. § 48-6-1)

Transfer Tax Rate: $1.00 per $1,000.00 (plus $0.10 per $100.00) of the value of property conveyed.

Consideration/Value: $_____________________

Transfer Tax Due: $_____________________

☐ This transfer is exempt from transfer tax pursuant to O.C.G.A. § 48-6-2 because:
_____________________________________________

Section 6.2 PT-61 Form

A completed Real Estate Transfer Tax Form (PT-61) is attached hereto and made a part hereof as required by Georgia law.

ARTICLE VII: EXECUTION

Section 7.1 Grantor's Signature

IN WITNESS WHEREOF, the GRANTOR, in the representative capacity stated above and not individually, has signed, sealed, and delivered this Personal Representative's Deed on the date first written above.

Signed, sealed and delivered in the presence of:

_____________________________________________
Unofficial Witness

_____________________________________________
Notary Public/Official Witness

_____________________________________________ (SEAL)
_________________________, as ☐ Executor ☐ Administrator
of the Estate of _________________________, Deceased

Date: _____________________________________________

ARTICLE VIII: ACKNOWLEDGMENT (REPRESENTATIVE CAPACITY)

Section 8.1 Georgia Acknowledgment

STATE OF GEORGIA
COUNTY OF _________________

Before me, the undersigned officer duly authorized in this State to take acknowledgments, personally appeared:

_________________________, as ☐ Executor ☐ Administrator of the Estate of _________________________, Deceased,

personally known to me or identified by a government-issued photo identification document to be the person whose name is subscribed to the within instrument and who acknowledged to me that he/she executed the same in his/her representative capacity as Personal Representative of said estate, for the uses and purposes therein set forth.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal this _____ day of _________________, 20_____.

_____________________________________________
Notary Public, State of Georgia

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 8.2 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

Before me, the undersigned officer duly authorized in said State to take acknowledgments, personally appeared _________________________, as Personal Representative of the Estate of _________________________, Deceased, who acknowledged to me that he/she executed the same in such representative capacity.

This deed was attested by two witnesses, one of whom is the undersigned Notary Public.

_____________________________________________
Witness Signature

_____________________________________________
Printed Name

IN WITNESS WHEREOF, I have hereunto set my hand and official seal this _____ day of _________________, 20_____.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

All that tract or parcel of land lying and being in Land Lot _______ of the _______ District of _________________ County, Georgia, and being more particularly described as follows:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Being the same property described in the estate of the Decedent in the Probate Court of _________________ County, Georgia, Estate No. _____________.

GEORGIA RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Probate / Estate Considerations

1. Authority to convey: A personal representative may sell or convey estate real property under O.C.G.A. § 53-8-10 for payment of debts, distribution, or any purpose in the best interest of the estate. A power of sale in the will allows sale without a court order (O.C.G.A. § 53-7-1(b)); otherwise the petition-and-citation procedure of O.C.G.A. § 53-8-13 applies.

2. Deed recital is prima-facie evidence: Under O.C.G.A. § 53-8-13(e), the recital in the personal representative's deed of compliance with the statute is prima-facie evidence of the facts recited.

3. Letters and order: Record (or have available) the Letters Testamentary/Administration and any order granting leave to sell. Many title examiners require certified copies in the chain.

Transfer Tax (O.C.G.A. § 48-6-1)

Example: Property value of $550,000 = $550.00 transfer tax.

Transfer Tax Exemptions (O.C.G.A. § 48-6-2)

• Transfers to or from the United States, Georgia, or political subdivisions
• Gifts of real property (e.g., distributions to beneficiaries for no consideration)
• Deeds of correction

Important Legal Notes

1. Constructive Notice: Recording provides constructive notice to subsequent purchasers and creditors.
2. Priority: Georgia is a race-notice state.
3. Marital Rights: Georgia does not have dower or curtesy rights.
4. Title Insurance: Grantees should consider obtaining an owner's policy of title insurance.
5. Legal Counsel: Consultation with a licensed Georgia attorney is recommended.

PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Georgia Bar Number (if applicable)

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