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

IMPORTANT LEGAL NOTICE
This is a fiduciary deed executed by the Executor or Administrator of a decedent's estate. It conveys only the title the decedent held and provides LIMITED (special) warranty — the fiduciary warrants only against claims arising by, through, or under the fiduciary, and not as to the decedent's own title. Under K.S.A. 59-1410, an executor or administrator may sell a decedent's real estate to pay funeral expenses, expenses of last sickness, costs of administration, taxes, debts, or charged legacies; when the court finds the realty is a wasting asset; or at such other time as the court determines is in the best interests of the estate. A conveyance to a bona fide purchaser under that authority passes title free and clear of creditors', heirs', and legatees' claims (except tax liens). Kansas does NOT impose a real estate transfer tax. Obtain title insurance for complete protection.

PERSONAL REPRESENTATIVE'S DEED

(Executor's / Administrator's Deed)

State of Kansas

[3" TO 3.5" TOP MARGIN REQUIRED — CHECK LOCAL COUNTY REQUIREMENTS]

RECORDING INFORMATION

After Recording Return To:

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

Prepared By:

Name: ________________________________________
Address: _____________________________________
Kansas Bar No. (if attorney): _________________

PROPERTY INFORMATION

ESTATE / PROBATE INFORMATION

RECORDING FEES

Note: Kansas does NOT impose a real estate transfer tax or deed tax. The state mortgage registration tax was repealed in 2019.

PARTIES

GRANTOR (Executor / Administrator 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:
☐ As a single person
☐ As husband and wife
☐ As joint tenants with right of survivorship (and not as tenants in common)
☐ As tenants in common (____% and ____%)
☐ As a Kansas limited liability company
☐ As a Kansas corporation
☐ As Trustee of [Trust Name]

AUTHORITY OF EXECUTOR / ADMINISTRATOR

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

☐ Statutory authority and order of the District Court (K.S.A. 59-1410; K.S.A. 59-2305 et seq.). By order of the District Court of [COUNTY] County entered on [__/__/____], the [Executor/Administrator] was authorized to sell the real estate described herein, the sale being necessary or in the best interests of the estate within the meaning of K.S.A. 59-1410(a). ☐ The sale was confirmed by order of the court entered on [__/__/____].

☐ Power of sale under the Will. The decedent's Last Will and Testament, admitted to probate in the above estate, confers upon the [Executor/Administrator] the power to sell and convey real estate of the estate.

Pursuant to K.S.A. 59-1410(b), this conveyance to a bona fide purchaser transfers the real estate free and clear of the liens and claims of creditors of the decedent and of the estate, and of the heirs, devisees, and legatees of the decedent (such liens and claims attaching to the proceeds), except that this conveyance does not affect tax liens against the estate.

CONVEYANCE

Granting Clause

[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 valuable consideration, the receipt of which is hereby acknowledged, does by these presents GRANT, BARGAIN, SELL, AND CONVEY unto [GRANTEE NAME] ("Grantee"), of [COUNTY] County, [STATE], all of the right, title, and interest of the decedent and of the estate in and to the following described real estate in [COUNTY] County, Kansas, 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 [deed type] dated _________________, recorded in Book _____, Page _____ (or Document No. _____________), in the Office of the Register of Deeds of [COUNTY] County, Kansas.

Property Conveyed

TOGETHER with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining, including:

☐ All improvements, buildings, structures, and fixtures
☐ All easements and rights-of-way appurtenant to the Property
☐ All water rights appurtenant to the Property
☐ All mineral rights (unless excepted below)

Habendum Clause

TO HAVE AND TO HOLD the same, together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, unto the 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 [Executor/Administrator] of the estate, with authority to make this conveyance;
2. Grantor has good right and lawful authority to sell and convey the Property in the representative capacity; and
3. Grantor will WARRANT AND FOREVER DEFEND the title to the Property against all 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 by parties not claiming through 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 for the current year and subsequent years
☐ Building and zoning ordinances and regulations
☐ Easements, restrictions, reservations, and covenants of record
☐ Rights of parties in possession
☐ Any facts that an accurate survey would disclose

Specific Exceptions

1. [SPECIFIC EXCEPTION] — Recorded in Book _____, Page _____ (or Document No. _____), [COUNTY] County Register of Deeds

2. [SPECIFIC EXCEPTION] — Recorded in Book _____, Page _____ (or Document No. _____), [COUNTY] County Register of Deeds

☐ See Exhibit B for additional exceptions

EXECUTION

IN WITNESS WHEREOF, the Grantor, as [Executor/Administrator] and not individually, has executed this deed this _____ day of _________________, 20_____.

GRANTOR SIGNATURE (Executor / Administrator)

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

ACKNOWLEDGMENT

NOTE: Kansas requires the Grantor's signature for a valid deed. An acknowledgment or proof and certification is the recording gate; Kansas does not require subscribing witnesses for ordinary deed execution. See K.S.A. 58-2205, 58-2209, and 58-2221.

Fiduciary Acknowledgment (Kansas — Revised Uniform Law on Notarial Acts, K.S.A. 53-5a01 et seq.)

STATE OF KANSAS          )
                         ) SS
COUNTY OF ______________ )

This instrument was acknowledged before me on the _____ day of
_________________, 20_____, by ____________________________________________,
as [Executor/Administrator] of the Estate of _______________________________,
Deceased, on behalf of the estate.

________________________________________
Notary Public - State of Kansas
Print Name: ____________________________
My Appointment Expires: ________________

[NOTARY SEAL]

EXHIBIT A - LEGAL DESCRIPTION

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

Parcel Identification Number: [NUMBER]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION]

Example formats:

• Lot ___, Block ___, [SUBDIVISION NAME], an addition to the City of [CITY], [COUNTY] County, Kansas, according to the recorded plat thereof.
• The [DIRECTION] [FRACTION] of the [DIRECTION] [FRACTION] of Section ___, Township ___ South, Range ___ [East/West] of the 6th P.M., [COUNTY] County, Kansas.
• [METES AND BOUNDS DESCRIPTION]

County: [COUNTY], Kansas

EXHIBIT B - SPECIFIC EXCEPTIONS (If Applicable)

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

1. ________________________________________________________________

2. ________________________________________________________________

KANSAS RECORDING REQUIREMENTS

Filing Information

• Filing Office: Register of Deeds, [COUNTY] County, Kansas
• Recording Fee: K.S.A. 28-115 currently totals $21 for the first page and $17 for each additional page; confirm the current amount and any document-specific charge with the county before recording
• Transfer Tax: Kansas does NOT impose a real estate transfer tax
• Mortgage Registration Tax: Repealed in 2019

Document Requirements (K.S.A. 58-2205, 58-2209)

☐ 3" to 3.5" top margin (check county requirements)
☐ Written instrument signed by Grantor in fiduciary capacity (K.S.A. 58-2205)
☐ Acknowledged per the Revised Uniform Law on Notarial Acts (K.S.A. 58-2209; 53-5a01 et seq.)
☐ Typed/printed name and fiduciary capacity beneath signature
☐ Paper no larger than 8.5" x 14" (legal); letter size preferred
☐ Complete legal description
☐ Legible and reproducible

Authority Documentation (record or have available)

☐ Letters Testamentary / Letters of Administration
☐ Certified copy of District Court order authorizing the sale (K.S.A. 59-1410; 59-2305 et seq.)
☐ Order confirming sale, if applicable
☐ Certified copy of admitted Will (if relying on a will power of sale)

Statutory References

• K.S.A. 59-1410 — Sale of real estate by executor/administrator; conveyance to bona fide purchaser; effect
• K.S.A. 59-1401 — Possession and management of estate
• K.S.A. 59-2305 et seq. — Order to sell; confirmation of sale
• K.S.A. 58-2203 — Form of warranty deed; general conveyancing form
• K.S.A. 58-2205 — Deed must be in writing, signed
• K.S.A. 58-2209 — Acknowledgment requirements
• K.S.A. 58-2221 — Recordability; grantee or designee address
• K.S.A. 58-2222, 58-2223 — Recording notice; effect of an unrecorded instrument
• K.S.A. 28-115 — Register-of-deeds fees and document standards
• K.S.A. 53-5a01 et seq. — 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 and to confirm that the estate's authority to convey (court order and confirmation, or will power) is properly of record.

☐ Grantee acknowledges receipt of this recommendation

END OF PERSONAL REPRESENTATIVE'S DEED

Kansas Statutes Annotated Chapters 59 and 58