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

PERSONAL REPRESENTATIVE'S DEED

(Executor's / Administrator's Deed)

Commonwealth of Kentucky

Prepared By:
_____________________________________________
(Individual preparer: provide name, address, and signature under KRS 382.335)

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Property Valuation Administrator (PVA) Parcel ID:
_____________________________________________

SPACE ABOVE THIS LINE FOR COUNTY CLERK'S USE

DOCUMENT INFORMATION

ESTATE / PROBATE INFORMATION

PERSONAL REPRESENTATIVE'S DEED

COMMONWEALTH OF KENTUCKY
COUNTY OF _________________

This Personal Representative's Deed is made this _____ day of _________________, 20_____,

ARTICLE I: PARTIES

Section 1.1 Grantor (Personal Representative)

_____________________________________________
(Name of Executor/Administrator)

solely in the capacity of:
☐ Executor of the Estate of _____________________, Deceased
☐ Administrator of the Estate of _____________________, Deceased
☐ Administrator with Will Annexed of the Estate of _____________________, Deceased

of _____________________________________________
(Address)

hereinafter called "GRANTOR" (acting in a representative capacity and not individually)

Section 1.2 Grantee(s)

_____________________________________________
(Name)

of _____________________________________________
(Address — Required per KRS 382.135(1)(b))

In-care-of name and complete mailing address for the property tax bill for the year of transfer: [________________________________]

Vesting:
☐ A single person
☐ A married person, as his/her sole and separate property
☐ Husband and wife, as tenants by the entirety with right of survivorship
☐ As joint tenants with right of survivorship, and 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 Appointment

GRANTOR was duly appointed and qualified as the [Executor/Administrator] of the Estate of _____________________, Deceased, by the District Court of _____________ County, Kentucky, Estate/Case No. _________________, and Letters Testamentary / Letters of Administration were issued on _________________ and remain in full force and effect.

Section 2.2 Power to Convey

GRANTOR makes this conveyance pursuant to the following authority (check all that apply):

☐ Power of sale under the Will (KRS 395.220). The decedent's Last Will and Testament, admitted to probate in the above estate, directs or authorizes the sale of the land herein described, and GRANTOR, as Executor, is empowered under KRS 395.220 to sell and convey said land. Will provision: [IDENTIFY]. Any pending action to set aside or reject the Will, and any court judgment authorizing sale during that action: [NONE / DESCRIBE JUDGMENT].

☐ Court-ordered sale for estate debts (KRS 395.515). In an action for settlement of the estate, the court found that the personal estate was insufficient to pay all debts and ordered sale of this real property, descended or devised to heirs or devisees who were parties to that action, under order entered on [DATE], Case No. [NUMBER]. Order attached or recorded at: [REFERENCE].

ARTICLE III: CONVEYANCE

Section 3.1 Granting Clause

WITNESSETH: That for and in consideration of the sum of $_____________________ (____________________ Dollars), ☐ cash in hand paid ☐ which represents the full and fair cash value of the property, the receipt of which is hereby acknowledged,

GRANTOR, solely as [Executor/Administrator] of the Estate of _____________________, Deceased, does hereby GRANT, BARGAIN, SELL, AND CONVEY unto GRANTEE, and GRANTEE's heirs, successors, and assigns forever, all of the right, title, and interest of the decedent and of the estate in and to the following described property situated in _________________ County, Commonwealth of Kentucky:

Section 3.2 Legal Description

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

Property Valuation Administrator (PVA) Parcel ID: _____________________________________________

Property Address: _____________________________________________

Immediate source of the decedent's title: ☐ Deed or other writing from [PRIOR OWNER], dated [DATE], recorded on [DATE] in the Office of the [COUNTY] County Clerk, Book [BOOK], Page [PAGE] (or Instrument No. [NUMBER]); ☐ acquired other than by recorded writing from [PERSON] by [METHOD] on [DATE]: [DETAILS]. If there are multiple sources, identify each source and the property or interest acquired from it: [DETAILS / NONE].

ARTICLE IV: LIMITED (FIDUCIARY) WARRANTY

Section 4.1 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 GRANTOR is the duly appointed, qualified, and acting [Executor/Administrator] of the estate, with authority to make this conveyance, and that GRANTOR WILL WARRANT AND DEFEND the title against all persons lawfully claiming by, through, or under GRANTOR in the representative capacity, but against none other.

Section 4.2 No Personal or General Warranty

GRANTOR makes NO covenant or warranty as to the decedent's title and makes no separate individual warranty of title by signing this deed in a representative capacity. This limitation does not release GRANTOR from liability for maladministration or omission under KRS 395.300. This deed does NOT warrant against:

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

Section 4.3 Statutory References

This conveyance is made pursuant to:

• KRS 395.220 (Sale of land when authorized by will)
• KRS 395.515 (Court-ordered realty sale for estate debts when personal estate is insufficient)
• KRS 382.110 (Recording place and source-of-title references)
• KRS 382.130 (Acknowledgment/signature requirements)
• KRS 382.135 (Addresses, consideration, tax-bill address, and personal representative affidavit)
• KRS 142.050 (Transfer tax)

ARTICLE V: EXCEPTIONS AND RESERVATIONS

Section 5.1 Subject To

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

Subject to:

(a) Ad valorem real property taxes 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) Claims and rights of creditors of the estate, if any;

(g) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________

ARTICLE VI: TRANSFER TAX (KRS 142.050)

Section 6.1 Kentucky Transfer Tax

Transfer Tax Rate: $0.50 per $500 of value (or fraction thereof)

Consideration/Value: $_____________________

Transfer Tax Due: $_____________________

☐ This transfer is exempt under a specifically identified provision of KRS 142.050.

Exemption claimed: _____________________________________________

ARTICLE VII: STATEMENT OF CONSIDERATION (KRS 382.135)

The undersigned GRANTOR and GRANTEE, being first duly sworn, certify the applicable statement (check one):

☐ Transfer for value: The consideration reflected in this deed is the full consideration paid for the property.

☐ Transfer by gift or for nominal/no consideration: This transfer is by gift, and the estimated fair cash value of the property is $_____________________.

GRANTOR (Personal Representative):

_____________________________________________
Signature

GRANTEE:

_____________________________________________
Signature

ARTICLE VIII: EXECUTION

Section 8.1 Grantor Signature (Acknowledgment Required for Recording — KRS 382.130); Grantee Signature

GRANTOR (Personal Representative):

_____________________________________________
Signature

_____________________________________________
Printed Name, solely as [Executor/Administrator] of the
Estate of _____________________, Deceased, and not individually

Date: _________________

GRANTEE(S) (signs the KRS 382.135(1)(e) consideration certificate):

_____________________________________________
Signature

_____________________________________________
Printed Name

Date: _________________

ARTICLE IX: ACKNOWLEDGMENT

Section 9.1 Kentucky Acknowledgment (Grantor — Personal Representative)

COMMONWEALTH OF KENTUCKY
COUNTY OF _________________

I, _________________________, a Notary Public in and for said County and Commonwealth, do hereby certify that the foregoing PERSONAL REPRESENTATIVE'S DEED, and the foregoing Statement of Consideration, were this day produced before me by _________________________, as [Executor/Administrator] of the Estate of _____________________, Deceased, GRANTOR herein, and acknowledged and sworn to by said GRANTOR to be the act of said fiduciary and estate.

WITNESS my hand this _____ day of _________________, 20_____.

_____________________________________________
Notary Public, Kentucky State-at-Large

_____________________________________________
Printed Name of Notary

My Commission Expires: _________________ Commission number: _________________

[NOTARIAL SEAL]

Section 9.2 Kentucky Oath (Grantee's Consideration Certificate)

COMMONWEALTH OF KENTUCKY
COUNTY OF _________________

I, _________________________, a Notary Public in and for said County and Commonwealth, certify that _________________________, GRANTEE(S) herein, appeared before me and swore to the Statement of Consideration in Article VII.

WITNESS my hand this _____ day of _________________, 20_____.

_____________________________________________
Notary Public, Kentucky State-at-Large

_____________________________________________
Printed Name of Notary

My Commission Expires: _________________ Commission number: _________________

[NOTARIAL SEAL]

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

Situated in _________________ County, Commonwealth of Kentucky:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

PVA Parcel ID: _____________________________________________

Immediate source of title: As stated in Section 3.2, including the recording date and each source if more than one applies.

KENTUCKY RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Recording Fees

Note: Fees may vary by county. Verify with the County Clerk's office.

Authority Documentation (record or have available)

• Letters Testamentary / Letters of Administration
• Certified copy of admitted Will (if relying on will power of sale under KRS 395.220)
• Certified copy of court order directing sale (if under KRS 395.515)

Important Kentucky Requirements

1. Grantor Proof for Recording: KRS 382.130 permits acknowledgment or one of its stated witness-proof routes. The Grantee or authorized agent signs the sworn consideration/value certificate required by KRS 382.135(1)(e), not the deed itself.
2. Preparer Statement: KRS 382.335 requires the name and address of the individual preparer and that individual's signature.
3. Statement of Consideration: For a transfer for value, state the full consideration paid; for a gift or nominal/no-consideration transfer, state the estimated fair cash value. The applicable certificate must be sworn, notarized, and signed by both sides or their agents (KRS 382.135(1)(c), (e)).
4. PR Affidavit: For a transfer by will or intestacy, the personal representative must file an affidavit with the County Clerk in each county where property is located, before closing the estate, stating the recipients and fair market value of each property (KRS 382.135(4)).
5. Deed Content: Full names, mailing addresses, consideration statement, and in-care-of tax address must be stated (KRS 382.135(1)).
6. Title Insurance: Grantees should obtain title insurance.

THIS INSTRUMENT PREPARED BY (KRS 382.335):

_____________________________________________
Individual Preparer Name

_____________________________________________
Address

_____________________________________________
Signature

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