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

PERSONAL REPRESENTATIVE'S DEED

(Executor's / Administrator's Deed)

State of Illinois

Recording Requested By:
_____________________________________________

Mail To:
_____________________________________________
_____________________________________________
_____________________________________________

Permanent Index Number (PIN):
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE

DOCUMENT INFORMATION

PERSONAL REPRESENTATIVE'S DEED

KNOW ALL PERSONS BY THESE PRESENTS:

This Personal Representative's Deed is made 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")

Circuit Court of _________________ County, Illinois
☐ Independent Administration ☐ Supervised Administration

Estate / Case No.: _____________________________________________

Letters of Office issued: [__/__/____]

Grantor's Address:
_____________________________________________
_____________________________________________

hereinafter called the "GRANTOR" or "Representative."

Section 1.2 Grantee(s)

Name(s): _____________________________________________

Grantee's Address for Tax Billing Purposes (Required per 55 ILCS 5/3-5020):
_____________________________________________
_____________________________________________

Vesting:
☐ A single person
☐ As joint tenants with the right of survivorship and not as tenants in common
☐ As tenants in common
☐ As tenants by the entirety (only if the grantees are spouses or civil-union partners and the property qualifies as their homestead under 765 ILCS 1005/1c)
☐ A _________________ [entity type], an _________________ [state] _________________ [entity form]

hereinafter called the "GRANTEE."

ARTICLE II: AUTHORITY OF PERSONAL REPRESENTATIVE

Section 2.1 Source of Authority (755 ILCS 5/20-4, 5/20-15, 5/28-8)

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

☐ Power of sale granted in the Decedent's Will, admitted to probate in the above-named Court, exercised without order of court pursuant to 755 ILCS 5/20-15;

☐ Independent administration power under 755 ILCS 5/28-8(i), shown by the Representative's independent appointment dated [__/__/____]. The sale is consistent with the Will and reasonably serves the Estate's best interests. If the real estate was specifically bequeathed, the legatee's written consent is attached;

☐ Order of the Circuit Court dated [__/__/____], authorizing the sale of the decedent's real estate by leave of court under 755 ILCS 5/20-4, the sale being necessary for the proper administration of the estate;

☐ Report of sale approved / sale confirmed by order of the Court dated [__/__/____] (755 ILCS 5/20-9), and this deed executed within 30 days thereafter (755 ILCS 5/20-10).

Additional bond before sale: Record compliance with 755 ILCS 5/12-9: [BOND FILING / COURT APPROVAL / APPLICABLE SUBSECTION (d) WILL EXCEPTION AND COURT DIRECTION]. The bond rule applies before a sale under a will or independent-administration power and at or before an order authorizing a court sale.

Section 2.2 Effect of Conveyance (755 ILCS 5/20-18)

Pursuant to 755 ILCS 5/20-18, this deed conveys to and vests in the GRANTEE all the estate, right, title, and interest, legal or equitable, of the Decedent in and to the real estate described herein.

ARTICLE III: CONVEYANCE

Section 3.1 Granting Clause

The GRANTOR, in such representative capacity and not individually, of the ☐ City ☐ Village ☐ Town of _________________, County of _________________ and State of _________________, for and in consideration of the sum of $_____________________ (____________________ Dollars) in hand paid, and other good and valuable consideration,

CONVEYS AND SPECIALLY WARRANTS to the above-named GRANTEE, all the right, title, and interest of the Decedent in and to the following described real estate situated in the County of _________________, in the State of Illinois, to wit:

Section 3.2 Legal Description

See Exhibit "A" attached hereto and made a part hereof.

Permanent Index Number (PIN): _____________________________________________

Commonly Known As: _____________________________________________

hereby releasing and waiving all rights under and by virtue of the Homestead Exemption Laws of the State of Illinois to the extent of the estate's interest, except any homestead exempt under 755 ILCS 5/20-1.

ARTICLE IV: LIMITED FIDUCIARY WARRANTY

Section 4.1 Special Warranty

The GRANTOR, in such representative capacity, covenants with the GRANTEE that the GRANTOR has not, during the GRANTOR's administration of the estate, done or suffered anything whereby the said real estate is encumbered, except as noted herein; and that the GRANTOR WILL WARRANT AND DEFEND the title to the premises against the lawful claims of all persons claiming by, through, or under the GRANTOR in such representative capacity, but against none other.

Section 4.2 Scope of Warranty; Individual 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 warrant against:

• Defects in title existing prior to or independent of the Decedent's ownership;
• Liens or encumbrances created by prior owners or by the Decedent;
• Claims of persons NOT claiming by, through, or under the GRANTOR in such representative capacity.

Under 755 ILCS 5/20-15, a warranty required by the Decedent's own contract to convey or lease real estate binds the estate, but not the Representative personally, when the Representative gives the required warranty to fulfill that contract. That rule does not automatically govern the limited warranty made by the Grantor in Section 4.1. This deed does not waive individual liability imposed by applicable law for the Representative's own conduct.

ARTICLE V: EXCEPTIONS AND RESERVATIONS

Section 5.1 Subject To

This conveyance is made subject to:

(a) General real estate taxes for the year 20_____ and subsequent years, not yet due and payable;

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

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

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

(e) Rights of parties in possession;

(f) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________

ARTICLE VI: TRANSFER TAX AND DECLARATIONS

Section 6.1 Illinois Real Estate Transfer Tax (35 ILCS 200/31-10)

State Transfer Tax Rate: $0.50 per $500 of consideration (or fraction thereof)
County Transfer Tax Rate: $0.25 per $500 of consideration (varies by county)

Total Consideration: $_____________________
State Transfer Tax Due: $_____________________
County Transfer Tax Due: $_____________________

☐ This transfer is exempt from transfer tax pursuant to 35 ILCS 200/31-45 because:
_____________________________________________

Section 6.2 PTAX-203 Declaration

☐ Illinois Real Estate Transfer Declaration (Form PTAX-203) is attached hereto.

☐ This transfer qualifies for a § 31-45 exemption that does not require PTAX-203; complete the exemption notation below.
Exemption notation on this deed (complete only for a qualifying exemption that does not require PTAX-203): Exempt under 35 ILCS 200/31-45([PARAGRAPH]) because [FACTS SUPPORTING EXEMPTION]. Grantor or authorized agent: [SIGNATURE] Date: [__/__/____]. Confirm whether the selected exemption still requires a declaration.

County with 3,000,000 or more inhabitants: If this exempt deed does not require the transfer declaration, attach the following separate sworn or affirmed statements under 55 ILCS 5/3-5020(b):

Grantor statement: To the best of my knowledge, the Grantee is ☐ a natural person ☐ an Illinois corporation ☐ a foreign corporation authorized to acquire and hold Illinois real estate ☐ a partnership authorized to do so ☐ another legally recognized entity authorized to do so: [SPECIFY]. I affirm this statement under penalty of perjury. Name: [________________] Signature: [________________] Date: [__/__/____]

Grantee statement: I affirm that the Grantee has the status selected above and is authorized to acquire and hold Illinois real estate. I affirm this statement under penalty of perjury. Name: [________________] Signature: [________________] Date: [__/__/____]

Section 6.3 Chicago Real Estate Transfer Tax (if applicable)

☐ Not Applicable - Property not in City of Chicago
☐ Applicable - Chicago RETT at applicable rate: $_____________________

ARTICLE VII: EXECUTION

Section 7.1 Grantor's Signature

DATED this _____ day of _________________, 20_____.

GRANTOR (in representative capacity, not individually):

_____________________________________________
Signature

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

ARTICLE VIII: ACKNOWLEDGMENT (REPRESENTATIVE CAPACITY)

Section 8.1 Illinois Acknowledgment

STATE OF ILLINOIS
COUNTY OF _________________

I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that:

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

personally known to me to be the same person whose name is subscribed to the foregoing instrument as such Personal Representative, appeared before me this day in person and acknowledged that he/she signed, sealed, and delivered the said instrument in such representative capacity, as his/her free and voluntary act and as the free and voluntary act of said estate, for the uses and purposes therein set forth, including the release and waiver of the right of homestead to the extent stated herein.

GIVEN under my hand and Notarial Seal this _____ day of _________________, 20_____.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 8.2 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

I, the undersigned, a Notary Public in and for said County and State, DO HEREBY CERTIFY that _________________________, as Personal Representative of the Estate of _________________________, Deceased, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he/she signed and delivered the said instrument in such representative capacity as his/her free and voluntary act.

GIVEN under my hand and Notarial Seal this _____ day of _________________, 20_____.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Being all of the right, title, and interest of the Decedent in the real estate administered in the Estate of _________________________, Deceased, Case No. _____________.

Permanent Index Number (PIN): _____________________________________________

Property Address: _____________________________________________

ILLINOIS RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Probate / Estate Considerations

1. Authority to convey: Under 755 ILCS 5/20-4, a representative may sell decedent's real estate by leave of court when necessary for proper administration. A will power under 755 ILCS 5/20-15 or an independent representative's power under 755 ILCS 5/28-8(i) may allow a sale without a separate court order, subject to each provision's conditions and the additional-bond rule in 755 ILCS 5/12-9.

2. Procedure (court sale): File a petition (5/20-5), obtain an order, report the sale for confirmation under 5/20-9 unless the court authorized a contract sale under 5/20-5, and execute the deed within 30 days after the court approves a report of sale (5/20-10).

3. Effect of deed: The deed vests in the purchaser all the estate, right, title, and interest of the decedent (755 ILCS 5/20-18).

4. Notice of probate: If estate real estate is not sold during administration, a notice of probate must be recorded (755 ILCS 5/20-24).

Illinois Real Estate Transfer Tax (35 ILCS 200/31-10)

Note: Some municipalities (including Chicago) impose additional transfer taxes.

Transfer Tax Exemptions (35 ILCS 200/31-45)

• Deeds to or from governmental bodies
• Deeds or trust documents where the actual consideration is less than $100 (35 ILCS 200/31-45(e))
• Tax deeds (35 ILCS 200/31-45(f)). A trustee-to-beneficiary distribution has no separate blanket exemption; if actual consideration is below $100, review subsection (e).
• Deeds pursuant to mergers/consolidations of corporations

Important Legal Notes

1. Homestead: Address any homestead interest; the representative may not take possession of homestead-occupied real estate except as provided in 755 ILCS 5/20-1.
2. Joint Tenancy: Must be expressly stated to create survivorship rights.
3. Notarial Seal Required: Illinois requires a notarial seal when notarized in state (765 ILCS 5/20).
4. Title Insurance: Grantees should consider obtaining title insurance.
5. Legal Counsel: Consultation with a licensed Illinois attorney is recommended.

This instrument was prepared by (55 ILCS 5/3-5022):

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone

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