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

IMPORTANT LEGAL NOTICE
This Personal Representative's Deed is a fiduciary conveyance executed by the personal representative (executor or administrator) of a decedent's estate. Its express warranty is limited to claims arising by, through, or under the personal representative in that capacity. Confirm the estate's authority, the grantee's entitlement, and local recording requirements before execution.

PERSONAL REPRESENTATIVE'S DEED

(Executor's / Administrator's Deed)

State of Idaho

[RESERVE SPACE FOR THE COUNTY RECORDER'S STAMP AS THAT OFFICE REQUIRES]

RECORDING INFORMATION

After Recording Return To:

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

Prepared By:

Name: ________________________________________
Address: _____________________________________
Idaho Bar No. (if attorney): __________________

PROPERTY INFORMATION

RECORDING FEES

Confirm the current fee for this instrument with the county recorder before submission. Idaho Code § 31-3205 uses different fee categories for deeds and other instruments.

PARTIES

GRANTOR (Personal Representative):

Name of Personal Representative: [NAME], acting solely in the representative capacity as

☐ Executor / Personal Representative under the will of the Decedent
☐ Administrator / Personal Representative of the intestate estate of the Decedent

of the ESTATE OF [DECEDENT FULL LEGAL NAME], DECEASED (the "Decedent")

Court: District Court of the _________ Judicial District, _________ County, State of Idaho
☐ Formal proceeding ☐ Informal proceeding (Magistrate / Registrar)

Estate / Case No.: [CASE NO.]

Letters issued: [__/__/____]

Grantor's Mailing Address: [FULL ADDRESS]

GRANTEE (Buyer / Distributee):

Name: [GRANTEE FULL LEGAL NAME]

Mailing Address: [FULL ADDRESS]

Manner of Holding Title: [INSERT THE INTENDED VESTING]

AUTHORITY OF PERSONAL REPRESENTATIVE

Source of Authority (Idaho Code 15-3-711, 15-3-715)

The Personal Representative is authorized to execute and deliver this deed by virtue of (check all that apply):

☐ General fiduciary power over title under Idaho Code 15-3-711, which provides that, until termination of appointment, a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust for the benefit of creditors and others interested in the estate;

☐ Transactional authority under Idaho Code 15-3-715(6), authorizing the personal representative, acting reasonably for the benefit of the interested persons, to acquire or dispose of an asset, including land in this or another state, for cash or on credit, at public or private sale;

☐ Power of sale granted in the Decedent's will, admitted to probate in the above-named Court;

☐ Order of the District Court entered in a formal proceeding dated [__/__/____].

☐ In-kind distribution to a distributee entitled under the will or applicable law, documented by this deed under Idaho Code §§ 15-3-906 and 15-3-907.

CONVEYANCE

Granting Clause

For ☐ sale consideration of $[AMOUNT RECEIVED] ☐ distribution in kind to the named distributee, [PERSONAL REPRESENTATIVE NAME], solely as Personal Representative of the Estate of [DECEDENT NAME], Deceased, and not individually ("Grantor"), CONVEYS WITH THE EXPRESS LIMITED WARRANTY BELOW to [GRANTEE NAME] ("Grantee"), whose complete mailing address is [GRANTEE MAILING ADDRESS], all of the right, title, and interest of the Decedent and the Decedent's estate in the following described real property in [COUNTY] County, Idaho:

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

Property Conveyed

TOGETHER with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder 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
☐ All mineral rights (unless excepted below)

Habendum Clause

TO HAVE AND TO HOLD the said premises, with their appurtenances, unto the said Grantee, Grantee's heirs and assigns forever.

LIMITED FIDUCIARY WARRANTY

Special Warranty

And the Grantor, in such representative capacity, does hereby covenant to and with the Grantee that the Grantor has not, during the Grantor's administration of the estate, suffered the Property to become encumbered, except as herein set forth; and that the Grantor will warrant and defend the same from all lawful claims by, through, or under the Grantor in such representative capacity, but not otherwise.

Scope of Special Warranty; No Personal Liability

THIS IS A PERSONAL REPRESENTATIVE'S DEED conveying with a LIMITED (SPECIAL) WARRANTY only. The Grantor executes this deed solely in a fiduciary capacity. The Grantor does NOT warrant against:

☐ Claims arising before the Decedent acquired title
☐ Defects or encumbrances created by prior owners or by the Decedent
☐ Claims by parties not claiming through the Grantor in such representative capacity
☐ Matters of public record prior to the Decedent's acquisition

These covenants are made in the identified representative capacity. Idaho Code § 15-3-808 governs whether the Personal Representative may be individually liable; this deed does not waive liability imposed by law.

EXCEPTIONS TO WARRANTY

This conveyance is made and accepted SUBJECT TO:

☐ General taxes for the current year, a lien not yet due and payable
☐ Special assessments, if any, not shown as existing liens by the records
☐ Easements, restrictions, reservations, and rights-of-way of record
☐ Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by inquiry of persons in possession
☐ Matters which may be disclosed by an accurate survey and inspection of the premises

Specific Exceptions

1. [SPECIFIC EXCEPTION] — Recorded as Instrument No. _____________, [COUNTY] County Records
2. [SPECIFIC EXCEPTION] — Recorded as Instrument No. _____________, [COUNTY] County Records

☐ See Exhibit B for additional exceptions

GRANTOR REPRESENTATIONS

Authority

☐ Grantor is the duly appointed and acting personal representative of the estate, and the appointment has not terminated
☐ This conveyance is within the powers conferred by Idaho Code 15-3-711 and 15-3-715 and is not restricted by the will or by any order in a formal proceeding

Community Property (if applicable)

☐ The Property was the separate property of the Decedent
☐ The Property was community property and the surviving spouse's interest has been addressed as set forth in the estate proceeding

FIRPTA Closing Documents

For a sale, address any withholding or nonforeign affidavit required by 26 U.S.C. § 1445 in separate closing documents. This deed alone is not the transferor affidavit described in § 1445(b)(2).

EXECUTION

DATED this _____ day of _________________, 20_____.

By: ____________________________________
[PERSONAL REPRESENTATIVE NAME]
As: ☐ Executor / Personal Representative
    ☐ Administrator / Personal Representative
Estate of [DECEDENT NAME], deceased

ACKNOWLEDGMENT (REPRESENTATIVE CAPACITY)

Fiduciary Acknowledgment (Idaho — Idaho Code § 55-805; Idaho Code Title 51, Chapter 1)

STATE OF IDAHO       )
                     ) ss.
COUNTY OF __________ )

On this _____ day of _________________, 20_____, before me, the
undersigned, a Notary Public in and for said State, personally appeared
____________________________________________, known or identified to me
to be the person whose name is subscribed to the within instrument as the
Personal Representative (☐ Executor ☐ Administrator) of the Estate of
____________________________________, Deceased, and acknowledged to me
that he/she executed the same in such representative capacity.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.

________________________________________
Notary Public for Idaho
Residing at: ___________________________
My Commission Expires: _________________

[NOTARY SEAL]

Remote Online Notarization (RON) Acknowledgment

STATE OF IDAHO       )
                     ) ss.
COUNTY OF __________ )

On this _____ day of _________________, 20_____, before me, the
undersigned, a Notary Public in and for said State, personally appeared
____________________________________________, by means of communication
technology in accordance with Idaho Code § 51-114A, Idaho Code Title 51,
Chapter 1 (Revised Uniform Law on Notarial Acts), as the
Personal Representative of the Estate of __________________________,
Deceased, and acknowledged to me that he/she executed the same in such
representative capacity. This notarial act involved the use of
communication technology.

________________________________________
Notary Public for Idaho
Residing at: ___________________________
My Commission Expires: _________________

[NOTARY SEAL]

EXHIBIT A - LEGAL DESCRIPTION

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

Parcel Number: [NUMBER]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION]

Example formats:

• Lot ___, Block ___, [SUBDIVISION NAME], according to the official plat thereof, filed in Book ___ of Plats at Page(s) ___, records of [COUNTY] County, Idaho.
• The [DIRECTION] [FRACTION] of the [DIRECTION] [FRACTION] of Section ___, Township ___ [North/South], Range ___ [East/West], Boise Meridian, [COUNTY] County, Idaho.
• [METES AND BOUNDS DESCRIPTION]

Being all of the land acquired by the Decedent by [DEED/INSTRUMENT] recorded as Instrument No. _____________, records of [COUNTY] County, Idaho.

County: [COUNTY], Idaho

EXHIBIT B - SPECIFIC EXCEPTIONS (If Applicable)

1. ________________________________________________________________
2. ________________________________________________________________

IDAHO RECORDING REQUIREMENTS

Filing Information

• Filing Office: County Recorder, [COUNTY] County, Idaho
• Recording Fee: Confirm the current deed fee with the county recorder; Idaho Code § 31-3205(1)(b)(i) identifies the deed category for instruments of 30 pages or less.

Document Requirements (Idaho Code Title 55)

☐ Adequate top margin on the first page for the county recorder's stamp (requirements vary by county; confirm locally)
☐ Signed by the Personal Representative in representative capacity
☐ Proper acknowledgment before a notary public or other officer authorized under Idaho Code Title 51, Chapter 1 (Revised Uniform Law on Notarial Acts), as required for recording by Idaho Code § 55-805
☐ Legible
☐ Grantee's mailing address included

Probate / Estate Considerations

• A personal representative has an owner's power over estate property held in trust for creditors and interested persons (Idaho Code § 15-3-711). Sale authority under § 15-3-715(6) is subject to the will, formal orders, § 15-3-902 priorities, and the requirement to act reasonably for interested persons. Section 15-3-704 permits action without court order except as otherwise specified or ordered for a supervised personal representative.
• For an in-kind distribution, confirm the distributee's entitlement and the method under § 15-3-906; § 15-3-907 calls for a deed or other instrument as evidence of title. If corepresentatives serve, check concurrence under § 15-3-717.
• Have evidence of the personal representative's appointment available for the title review and closing.

Persons Authorized to Take Acknowledgments (Idaho Code § 55-805; Idaho Code Title 51, Chapter 1)

• Notary Public commissioned under Idaho Code Title 51, Chapter 1 (Revised Uniform Law on Notarial Acts)
• Other officers authorized to perform notarial acts under Idaho Code § 51-104

Effect of Recording (Idaho Code 55-811)

Every deed recorded as prescribed by law is constructive notice of its contents to subsequent purchasers and mortgagees from the time it is filed with the recorder.

Statutory References

• Idaho Code 15-3-711 - Powers of personal representatives — in general
• Idaho Code 15-3-715 - Transactions authorized for personal representatives
• Idaho Code 15-3-704 - Personal representative to proceed without court order
• Idaho Code 15-3-717 - Corepresentatives
• Idaho Code 15-3-808 - Individual liability
• Idaho Code 15-3-902 - Abatement priorities
• Idaho Code 15-3-906 and 15-3-907 - In-kind distribution and deed evidence
• Idaho Code 55-601 - Transfer of real property must be in writing
• Idaho Code 55-612 - Covenants implied by the word "grant"
• Idaho Code § 55-805 - Acknowledgment necessary to authorize recording
• Idaho Code Title 51, Chapter 1 - Revised Uniform Law on Notarial Acts
• Idaho Code 55-808 - Place of record
• Idaho Code 55-811 - Effect of recording

TITLE INSURANCE NOTICE

IMPORTANT: The express warranty in this deed is limited. The Grantee should review the title record and available title insurance with counsel or a title professional before accepting the conveyance. Coverage depends on the actual policy and its exceptions.

☐ Grantee acknowledges receipt of this recommendation

END OF PERSONAL REPRESENTATIVE'S DEED

Idaho Code Title 15 (Uniform Probate Code); Title 55 (Property in General)