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

PERSONAL REPRESENTATIVE'S DEED

(Executor's / Administrator's Deed)

State of Indiana

Prepared By:
_____________________________________________
(Name of preparer - IC 36-2-11-15(c). Indiana law does not require deeds to be prepared by an attorney, but professional legal review is strongly recommended.)

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

State Parcel Number:
_____________________________________________

2" TOP MARGIN REQUIRED (IC 36-2-11-16.5)

DOCUMENT INFORMATION

I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. (IC 36-2-11-15)

PERSONAL REPRESENTATIVE'S DEED

STATE OF INDIANA
COUNTY OF _________________

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 ☐ Superior Court of _________________ County, Indiana
☐ Unsupervised Administration ☐ Supervised Administration

Estate / Cause No.: _____________________________________________

Letters issued: [__/__/____]

Grantor's Address: _____________________________________________

hereinafter called "GRANTOR" or "Personal Representative."

Section 1.2 Grantee(s)

_____________________________________________
(Name)

Grantee's Address (Required):
_____________________________________________
_____________________________________________

Vesting:
☐ A single person
☐ A married person
☐ Husband and wife, as tenants by the entirety
☐ As joint tenants with right of survivorship, not as tenants in common
☐ As tenants in common
☐ A _________________ [entity type], organized under the laws of _________________ [state]

hereinafter called "GRANTEE."

ARTICLE II: AUTHORITY OF PERSONAL REPRESENTATIVE

Section 2.1 Source of Authority

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

☐ Unsupervised administration — the Personal Representative, acting under IC 29-1-7.5-3(a)(6), may acquire or dispose of an asset, including land, for cash or on credit, at public or private sale, without order of court;

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

☐ Order of the Court dated [__/__/____], authorizing the sale of the estate's real property under IC 29-1-15-11, following the petition and hearing required by that section;

☐ Statutory authority under IC 29-1-15-1 et seq.

Section 2.2 Granting Clause (IC 32-17-1-2)

WITNESSETH: That the GRANTOR, in such representative capacity and not individually, CONVEYS AND SPECIALLY WARRANTS to the GRANTEE, and GRANTEE's heirs and assigns forever, for the sum of $_____________________ (____________________ Dollars) and other good and valuable consideration, the receipt of which is hereby acknowledged, all the right, title, and interest of the Decedent and of the Decedent's estate in and to the following described real estate in _________________ County, Indiana:

Section 2.3 Legal Description

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

State Parcel Number: _____________________________________________

Property Address: _____________________________________________

ARTICLE III: LIMITED FIDUCIARY WARRANTY

Section 3.1 Special Warranty

GRANTOR, in such representative capacity, covenants with GRANTEE that:

(a) GRANTOR is the duly appointed and acting Personal Representative of the estate, with authority to sell and convey the above-described real estate;

(b) GRANTOR has not, during the GRANTOR's administration of the estate, done or suffered anything whereby the same has become encumbered, except as noted herein; and

(c) GRANTOR WILL WARRANT AND DEFEND the title to the above-described real estate against all lawful claims of all persons claiming by, through, or under GRANTOR in such representative capacity, but against none other.

Section 3.2 Limitation of Warranty; No Personal Liability

NOTICE: This is a PERSONAL REPRESENTATIVE'S DEED conveying with a LIMITED (SPECIAL) WARRANTY only. Although Indiana does not have a statutory form for special warranty deeds, the statutes contain language sufficient for a conveyance in fee simple (IC 32-17-1-2). 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.

The covenants herein bind the estate but do not bind the Personal Representative personally.

ARTICLE IV: EXCEPTIONS AND RESERVATIONS

Section 4.1 Subject To

This conveyance is made subject to:

(a) Real property taxes and assessments for the year 20_____ and thereafter, not yet due and payable;

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

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

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

(e) Rights of tenants or parties in possession;

(f) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________

ARTICLE V: TRANSFER TAX

Section 5.1 Recording Fees and Disclosure Review

Confirm current county recording fees and whether a sales disclosure form or exemption applies before submission.

ARTICLE VI: COUNTY AUDITOR ENDORSEMENT

Section 6.1 Auditor's Endorsement

This deed must be submitted to the County Auditor for endorsement for taxation BEFORE recording with the County Recorder.

☐ County Auditor's endorsement obtained

ARTICLE VII: EXECUTION

Section 7.1 Grantor's Signature

IN WITNESS WHEREOF, the GRANTOR, in the representative capacity stated above and not individually, has executed this Personal Representative's Deed this _____ day of _________________, 20_____.

GRANTOR:

_____________________________________________
Signature

_________________________, as ☐ Executor ☐ Administrator
of the Estate of _________________________, Deceased
(name typed/printed below signature - IC 36-2-11-15, 16)

ARTICLE VIII: ACKNOWLEDGMENT (REPRESENTATIVE CAPACITY)

Section 8.1 Indiana Acknowledgment

STATE OF INDIANA
COUNTY OF _________________

Before me, the undersigned, a Notary Public in and for said County and State, personally appeared _________________________, as ☐ Executor ☐ Administrator of the Estate of _________________________, Deceased, who acknowledged the execution of the foregoing Personal Representative's Deed in such representative capacity this _____ day of _________________, 20_____.

_____________________________________________
Notary Public Signature

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

County of Residence: _____________________________________________

[NOTARIAL SEAL]

Section 8.2 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

Before me, the undersigned, a Notary Public in and for said County and State, personally appeared _________________________, as Personal Representative of the Estate of _________________________, Deceased, who acknowledged the execution of the foregoing Personal Representative's Deed in such representative capacity this _____ day of _________________, 20_____.

_____________________________________________
Notary Public Signature

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

ARTICLE IX: PREPARED BY AFFIRMATION

Section 9.1 Preparer Certification (IC 36-2-11-15, 16)

I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law.

_____________________________________________
Printed Name of Preparer

_____________________________________________
Signature of Preparer

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

Situated in _________________ County, State of Indiana:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

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

State Parcel Number: _____________________________________________

INDIANA RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Probate / Estate Considerations

1. Unsupervised administration: Under IC 29-1-7.5-3(a)(6), the personal representative may dispose of estate land at public or private sale without order of court.

2. Supervised administration: Under IC 29-1-15-11, the personal representative must file a petition to sell, mortgage, or lease real property, the court fixes a hearing, notice is given to heirs/devisees and lienholders (unless waived) per IC 29-1-1-12, and the court orders the sale upon satisfactory proof.

3. Validity of sale: No sale of real estate made by a personal representative under IC 29-1 shall be voided on account of mere irregularity, as provided in IC 29-1-15.

4. Letters: Have certified copies of the Letters available for the chain of title.

Recording Fees (IC 36-2-7-10)

All Counties EXCEPT Marion County:

Marion County (Indianapolis):

Oversized Documents: $25.00 first page + $5.00 per additional page (larger than 8.5" x 14").

Recording Fees and Disclosure Review

Confirm current county recording fees and sales-disclosure requirements.

Document Format Requirements (IC 36-2-11-16.5)

Important Indiana Notes

1. Recording Fees: Confirm current county recording fees and sales-disclosure requirements.
2. Auditor First: Deed must go to County Auditor BEFORE County Recorder.
3. Names Under Signatures: Names must be typed or printed under all signatures (IC 36-2-11-15, 16).
4. SSN Affirmation: Required statement about redaction of Social Security numbers.
5. Margin Requirements: 2" top and bottom margins on first and last pages; non-conforming documents may be rejected for recording at the recorder's discretion (no statutory per-page dollar penalty).
6. Attorney Preparation Not Required: Indiana law does not require a deed to be prepared by an attorney, but professional legal review is strongly recommended given the legal consequences of drafting errors.
7. Title Insurance: Grantees should consider obtaining title insurance.

THIS INSTRUMENT PREPARED BY:

_____________________________________________
Attorney Name

_____________________________________________
Address

_____________________________________________
Phone

_____________________________________________
Indiana Attorney Number

This template is provided for informational purposes only and does not constitute legal advice. Consultation with a licensed Indiana attorney is recommended for deed preparation.