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

IMPORTANT LEGAL NOTICE
This is a fiduciary deed executed by the Personal Representative (Executor or Administrator) of a decedent's estate. It conveys only the title the decedent held and provides LIMITED (special) warranty — the Personal Representative warrants only against claims arising by, through, or under the Personal Representative in the fiduciary capacity, and not as to the decedent's own title. Authority to sell estate real property must arise either from a power of sale in the will (Iowa Code 633.383) or from an order of the District Court sitting in probate (Iowa Code 633.386). Iowa requires a Declaration of Value unless an applicable exemption applies. If none of the conditions listed in Iowa Code § 558.69(1) is known to be present, the deed must include the complete § 558.69(8)(a) certification on its first page; if a condition is present, do not use that certification and confirm the current disclosure procedure. Obtain title insurance for complete protection.

PERSONAL REPRESENTATIVE'S DEED

(Executor's / Administrator's Deed)

State of Iowa

[3-INCH TOP MARGIN REQUIRED FOR RECORDING INFORMATION]

RECORDING INFORMATION

After Recording Return To:

Name: ________________________________________
Address: _____________________________________
City, State, ZIP: _____________________________

Address Tax Statement To:

Name: ________________________________________
Address: _____________________________________
City, State, ZIP: _____________________________

Prepared By:

Name: ________________________________________
Address: _____________________________________
Iowa Bar No. (if attorney): ___________________

PROPERTY INFORMATION

ESTATE / PROBATE INFORMATION

DECLARATION OF VALUE / TRANSFER TAX (Iowa Code Chapter 428A)

Declaration of Value Requirements

☐ Declaration of Value Statement attached
☐ Transfer tax paid to the county recorder and amount documented on the instrument
☐ Transfer is EXEMPT — Exemption stated below

Transfer Tax Exemptions (Iowa Code 428A.2)

☐ Government transfer within Iowa Code § 428A.2(6)
☐ Distribution of estate assets to an heir at law or devisee under a will (§ 428A.2(20))
☐ Deed without additional consideration confirming, correcting, modifying, or supplementing a previously recorded deed (§ 428A.2(10))
☐ Consideration is $500 or less (§ 428A.2(21))
☐ Other exemption: ________________________________

GROUNDWATER HAZARD STATEMENT (Iowa Code 558.69)

☐ Groundwater Hazard Statement filed with Declaration of Value

OR

☐ The following statement is included on the first page of this deed (per Iowa Code § 558.69(8)(a)):

"There is no known private burial site, well, solid waste disposal site, underground storage tank, hazardous waste, or private sewage disposal system on the property as described in Iowa Code section 558.69, and therefore the transaction is exempt from the requirement to submit a groundwater hazard statement."

PARTIES

GRANTOR (Personal Representative of the Estate):

Name: [PERSONAL REPRESENTATIVE FULL LEGAL NAME]

Acting solely in the representative capacity as:
☐ Executor of the Estate of [DECEDENT NAME]
☐ Administrator of the Estate of [DECEDENT NAME]
☐ Administrator with Will Annexed of the Estate of [DECEDENT NAME]

Mailing Address: [FULL ADDRESS]

GRANTEE (Buyer/New Owner):

Name: [GRANTEE FULL LEGAL NAME]

Mailing Address: [FULL ADDRESS]

Manner of Holding Title:

NOTE: For an instrument executed on or after January 1, 2015, Iowa Code 557.15(2)(a) creates a rebuttable presumption of joint tenancy with rights of survivorship when the grantees are identified as married, unless the instrument expresses a contrary intent.

☐ As a single person
☐ As married grantees, with joint tenancy with rights of survivorship intended
☐ As joint tenants with right of survivorship
☐ As tenants in common (____% and ____%) — MUST BE EXPRESSLY STATED
☐ As an Iowa limited liability company
☐ As an Iowa corporation
☐ As Trustee of [Trust Name]

AUTHORITY OF PERSONAL REPRESENTATIVE

The undersigned Grantor was duly appointed and qualified as the Personal Representative of the Estate of [DECEDENT NAME], Deceased, by the Iowa District Court for [COUNTY] County, Probate Case No. [CASE NUMBER], and Letters of Appointment were issued on [__/__/____] and remain in full force and effect. Grantor makes this conveyance pursuant to the following authority (check all that apply):

☐ Power of sale under the Will (Iowa Code 633.383). The decedent's Last Will and Testament, admitted to probate in the above estate, confers upon the Personal Representative the power to sell and convey real property of the estate; pursuant to Iowa Code 633.383, the statutory procedure for court authorization does not apply to a sale under such a will power.

☐ Order of the District Court (Iowa Code 633.386). By order of the Iowa District Court for [COUNTY] County entered on [__/__/____], the Personal Representative was authorized and directed to sell the real property described herein for one or more of the purposes stated in Iowa Code 633.386 (payment of debts and charges against the estate; distribution of the estate; or any other purpose in the best interests of the estate).

☐ Distribution to heir/devisee. This conveyance is made in distribution of the estate to a person entitled to the Property under the Will or the laws of intestate succession.

CONVEYANCE

Granting Clause

KNOW ALL PERSONS BY THESE PRESENTS:

That [PERSONAL REPRESENTATIVE NAME], solely as [Executor/Administrator] of the Estate of [DECEDENT NAME], Deceased ("Grantor"), in consideration of the sum of [WRITTEN AMOUNT] DOLLARS ($[NUMERIC]), and other good and valuable consideration, in hand paid by [GRANTEE NAME] ("Grantee"), the receipt of which is hereby acknowledged, does hereby GRANT, BARGAIN, SELL, AND CONVEY unto the said Grantee, all of the right, title, and interest of the decedent and of the estate, in and to the following described real estate situated in [COUNTY] County, Iowa, to-wit:

See Exhibit A attached hereto and incorporated herein by reference (the "Property")

Source of Decedent's Title

The decedent acquired title to the Property by [WARRANTY DEED/QUIT CLAIM DEED/OTHER] dated _________________, 20_____, recorded in Book _____, Page _____ (or Document No. _____________), in the Office of the County Recorder of [COUNTY] County, Iowa.

Property Conveyed

TOGETHER with all the tenements, hereditaments, and appurtenances thereunto belonging, 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
☐ All mineral rights (unless excepted below)

Habendum Clause

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

LIMITED (FIDUCIARY) WARRANTY

Scope of Warranty

THIS IS A PERSONAL REPRESENTATIVE'S DEED conveying the Property in a fiduciary capacity. Grantor conveys only such right, title, and interest as the decedent held at death and as the estate is empowered to convey, and Grantor covenants with Grantee ONLY that:

1. Grantor is the duly appointed, qualified, and acting Personal Representative of the estate, with authority to make this conveyance;
2. Grantor has the legal right to convey the Property in the representative capacity; and
3. Grantor will WARRANT AND DEFEND the title to the Property against the lawful claims of all persons claiming by, through, or under Grantor in the representative capacity, but not otherwise.

No Personal or General Warranty

Grantor makes NO covenant or warranty as to the decedent's title, and assumes NO personal liability in conveying the Property. Grantor does NOT warrant against:

☐ Title defects existing before or during the decedent's ownership
☐ Liens or encumbrances created by the decedent or by prior owners
☐ Claims of parties not claiming under Grantor in the representative capacity
☐ Matters of public record affecting the Property

EXCEPTIONS TO WARRANTY

This conveyance is made and accepted SUBJECT TO:

Standard Exceptions

☐ Real estate taxes and special assessments not yet due and payable
☐ Building and zoning ordinances and regulations
☐ Easements and restrictions of record
☐ Highway and road rights-of-way
☐ Rights of parties in possession
☐ Claims and rights of creditors of the estate, if any

Specific Exceptions

1. [SPECIFIC EXCEPTION] — Recorded in Book _____, Page _____ (or Doc. No. _____), [COUNTY] County Records

2. [SPECIFIC EXCEPTION] — Recorded in Book _____, Page _____ (or Doc. No. _____), [COUNTY] County Records

☐ See Exhibit B for additional exceptions

EXECUTION

IN WITNESS WHEREOF, the Grantor, as Personal Representative and not individually, has executed this deed this _____ day of _________________, 20_____.

GRANTOR SIGNATURE (Personal Representative)

________________________________________
[PERSONAL REPRESENTATIVE NAME],
solely as [Executor/Administrator] of the
Estate of [DECEDENT NAME], Deceased,
and not individually

ACKNOWLEDGMENT (Iowa Code Chapter 9B and 558.20)

NOTE: Iowa does NOT require witnesses for deeds — only notarial acknowledgment is required.

Fiduciary Acknowledgment (Iowa)

STATE OF IOWA           )
                        ) SS
COUNTY OF _____________ )

On this _____ day of _________________, 20_____, before me, the
undersigned, a Notary Public in and for the State of Iowa, personally
appeared ____________________________________________, to me personally
known, who being by me duly sworn, did say that he/she is the
[Executor/Administrator] of the Estate of ___________________________,
Deceased, and that said instrument was executed on behalf of said estate
by authority of the Will and/or order of the District Court, and that
said ____________________________ acknowledged the execution of said
instrument to be the voluntary act and deed of said fiduciary and estate.

________________________________________
Notary Public in and for the State of Iowa
Print Name: ____________________________
My Commission Expires: _________________

[NOTARY SEAL]

EXHIBIT A - LEGAL DESCRIPTION

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

Parcel Identification Number: [NUMBER]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION]

Example formats:

• Lot ___, [SUBDIVISION NAME], an Official Plat, now included in and forming a part of the City of [CITY], [COUNTY] County, Iowa.
• The [DIRECTION] [FRACTION] of the [DIRECTION] [FRACTION] of Section ___, Township ___ North, Range ___ [East/West] of the 5th P.M., [COUNTY] County, Iowa.
• [METES AND BOUNDS DESCRIPTION]

County: [COUNTY], Iowa

EXHIBIT B - SPECIFIC EXCEPTIONS (If Applicable)

[List all specific encumbrances, liens, easements, and restrictions that remain after closing]

1. ________________________________________________________________

2. ________________________________________________________________

IOWA RECORDING REQUIREMENTS

Filing Information

• Filing Office: County Recorder, [COUNTY] County, Iowa
• Recording Fee: Varies by county (typically $7 first page, $5 each additional page)
• Transfer Tax: $0.80 for each $500 or fractional part of $500 of actual market value over $500 — sales for value are generally taxable; § 428A.2(20) estate distributions are exempt

Document Requirements (Iowa Code Chapter 558)

☐ 3-inch minimum top margin for recording information
☐ Dated instrument
☐ Notarized fiduciary acknowledgment (dated)
☐ Original signature with typed/printed name and fiduciary capacity below
☐ Declaration of Value Statement (unless exempt)
☐ Groundwater Hazard Statement or certification language
☐ Complete legal description
☐ Address for tax statement

Authority Documentation (record or have available)

☐ Letters of Appointment (Executor/Administrator)
☐ Certified copy of admitted Will containing power of sale (if relying on will power), OR
☐ Certified copy of District Court order authorizing the sale (Iowa Code 633.386)

Statutory References

• Iowa Code 633.383 — Sale under power given in will
• Iowa Code 633.386 — Sale of property; purposes (pay debts, distribution, best interests of estate)
• Iowa Code 633.387 — Sale of personal property without order of court
• Iowa Code Chapter 558 — Conveyances
• Iowa Code 557.15 — Joint tenancy for married couples
• Iowa Code Chapter 428A — Declaration of Value; Real Estate Transfer Tax
• Iowa Code 558.69 — Groundwater Hazard Statement
• Iowa Code Chapter 9B — Revised Uniform Law on Notarial Acts

TITLE INSURANCE NOTICE

IMPORTANT: Because this is a Personal Representative's Deed conveying only a fiduciary's limited interest with LIMITED warranty, Grantee is STRONGLY ADVISED to obtain an owner's policy of title insurance from a licensed title insurance company and to confirm that the estate's authority to convey (will power or court order) is properly of record.

☐ Grantee acknowledges receipt of this recommendation

END OF PERSONAL REPRESENTATIVE'S DEED

Iowa Code Chapters 633 and 558