Fiduciary Deed (Personal Representative's / Executor's Deed) - Massachusetts

FIDUCIARY DEED

(Personal Representative's / Executor's Deed)

Commonwealth of Massachusetts

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

3" x 3" SPACE FOR REGISTRY OF DEEDS USE

DOCUMENT INFORMATION

FIDUCIARY DEED

KNOW ALL PERSONS BY THESE PRESENTS:

This Fiduciary Deed is made this _____ day of _________________, 20_____.

ARTICLE I: PARTIES

Section 1.1 Grantor (Personal Representative)

_____________________________________________
(Name of Personal Representative)

not individually but solely as Personal Representative (☐ Executor ☐ Administrator) of the Estate of _________________________, Deceased,

of _____________________________________________
(Address - Street, City/Town, State)

hereinafter the "Grantor."

Estate Administration Details:

Section 1.2 Grantee(s)

_____________________________________________
(Name)

of _____________________________________________
(Address - Street, City/Town, State)

Vesting:
☐ Unmarried
☐ Husband and wife, as tenants by the entirety
☐ As joint tenants with right of survivorship, and not as tenants in common
☐ As tenants in common
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

ARTICLE II: AUTHORITY OF PERSONAL REPRESENTATIVE

Section 2.1 Source of Authority

The Grantor is the duly appointed, qualified, and acting Personal Representative of the Estate of the Decedent and is authorized to sell, lease, or encumber estate real estate under M.G.L. c. 190B, § 3-715(23½). This conveyance is authorized by (check all that apply):

☐ An express power of sale contained in the Decedent's Will, formally or informally probated, empowering the Personal Representative to sell the real estate (no court license required — M.G.L. c. 190B, § 3-715(23½)(ii)(a));

☐ A License to Sell Real Estate issued by the Probate and Family Court under M.G.L. c. 202, dated [__/__/____], Docket No. _________________ (required where the decedent died intestate, or where the will grants no power of sale — § 3-715(23½)(i) and (ii)(b));

☐ Other statutory authority: _____________________________________________

Section 2.2 Statutory References

This conveyance is made pursuant to:

• M.G.L. c. 190B, § 3-711, § 3-715 (powers of personal representative; transactions authorized)
• M.G.L. c. 202 (license to sell or mortgage real estate of a deceased person)
• M.G.L. c. 183, § 1 et seq. (alienation of land; form and effect of deeds)
• M.G.L. c. 183, § 30 (acknowledgment)
• M.G.L. c. 64D (excise on deeds)
• M.G.L. c. 36, § 24 (recording)

ARTICLE III: CONVEYANCE

Section 3.1 Granting Clause

For consideration paid of $_____________________ (____________________ Dollars), receipt of which is hereby acknowledged, the Grantor, in the fiduciary capacity described above and not individually, grants to the Grantee, with FIDUCIARY COVENANTS, all of the right, title, and interest of the Decedent and the Estate in and to the following described premises:

Section 3.2 Legal Description

The land in _________________, _________________ County, Massachusetts, bounded and described as follows:

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

Property Address: _____________________________________________

For title reference, see deed recorded with the _________________ County ☐ Registry of Deeds ☐ Registry District of the Land Court in Book _______, Page _______, or as Document No. _______ on Certificate of Title No. _______, being the premises that vested in the Decedent.

ARTICLE IV: LIMITED (FIDUCIARY) WARRANTY

Section 4.1 Fiduciary Covenants

By the use of the words "FIDUCIARY COVENANTS" in this deed, the Grantor covenants with the Grantee, in the Grantor's representative capacity only, that:

(a) The Grantor is duly authorized to convey the premises in such capacity; and

(b) The Grantor has not done or suffered anything whereby the premises are encumbered, and the Grantor will warrant and defend the title against the lawful claims and demands of all persons claiming by, through, or under the Grantor in such fiduciary capacity, but against none other.

Section 4.2 Limitation of Warranty

NOTICE: This is a FIDUCIARY DEED (the Massachusetts form used by an executor, administrator, or personal representative). The covenants are LIMITED:

• The Grantor conveys solely in the fiduciary capacity as Personal Representative and NOT individually;
• The Grantor incurs no personal liability by reason of this deed or its covenants;
• The deed does NOT provide quitclaim covenants of the individual, warranty against encumbrances created by prior owners, or a defense against claims of persons NOT claiming through the Grantor as fiduciary.

ARTICLE V: EXCEPTIONS AND RESERVATIONS

Section 5.1 Subject To

Meaning and intending to convey the same premises that vested in the Decedent as recorded above.

This conveyance is made subject to and with the benefit of, so far as the same are in force and applicable:

(a) Real estate taxes for fiscal year 20_____ and subsequent years, not yet due and payable;

(b) Applicable zoning laws, by-laws, and regulations;

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

(d) Such facts as an accurate survey or inspection of the premises would disclose;

(e) Rights of parties in possession;

(f) Claims of creditors of the Estate and the continuing jurisdiction of the Probate and Family Court;

(g) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________

ARTICLE VI: EXCISE TAX (DEED STAMPS)

Section 6.1 Massachusetts Excise Tax (M.G.L. c. 64D)

Excise Tax Rate: $2.28 per $500 (or fraction thereof) of consideration
Effective Rate: $4.56 per $1,000 (0.456%)

Consideration: $_____________________

Excise Tax Due: $_____________________

☐ This transfer is exempt from excise tax per M.G.L. c. 64D, § 1 because:
_____________________________________________

Section 6.2 Tax Stamps

Stamps must be purchased at the Registry of Deeds in the county where the property is located and affixed to the deed before recording.

ARTICLE VII: EXECUTION

Section 7.1 Signature Block

WITNESS my hand and seal, executed in the representative capacity described above and not individually.

_____________________________________________ (Seal)
Signature of Personal Representative

_____________________________________________
Printed Name, as Personal Representative (☐ Executor ☐ Administrator)
of the Estate of _________________________, Deceased

ARTICLE VIII: ACKNOWLEDGMENT

Section 8.1 Massachusetts Acknowledgment (Representative Capacity)

COMMONWEALTH OF MASSACHUSETTS
_________________ COUNTY, ss.

On this _____ day of _________________, 20_____, before me, the undersigned notary public, personally appeared:

_____________________________________________

proved to me through satisfactory evidence of identification, which was _________________________, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose as Personal Representative of the Estate of _________________________, Deceased.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________

[NOTARIAL SEAL]

Section 8.2 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________, ss.

On this _____ day of _________________, 20_____, before me, the undersigned notary public, personally appeared _________________________, proved to me through satisfactory evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose as Personal Representative of the Estate of _________________________, Deceased.

_____________________________________________
Notary Public

My Commission Expires: _____________________

[NOTARIAL SEAL]

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

The land in _________________, _________________ County, Massachusetts:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

MASSACHUSETTS RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Document Format Requirements

Massachusetts Excise Tax (M.G.L. c. 64D)

Important Massachusetts Notes

1. Two Paths to Clear Title: Under M.G.L. c. 190B, § 3-715(23½), a personal representative may convey estate real estate to an arm's-length buyer and the sale is conclusive only if (i) the decedent died testate and the will empowered the personal representative to sell, OR (ii) a License to Sell under M.G.L. c. 202 has been issued. An intestate estate, or a will with no power of sale, requires the c. 202 license (MPC Form 210 petition).

2. Beware the Qualified Power of Sale: A will power of sale that excludes "specifically bequeathed" property may not authorize sale of the subject premises; confirm scope.

3. Fiduciary Capacity: The personal representative signs and is acknowledged solely as fiduciary and incurs no personal liability.

4. Registered Land: If the property is registered land, follow Land Court procedures and reference the Certificate of Title.

5. Letters of Authority: A certified copy of the Letters of Authority (and the c. 202 license, if applicable) is customarily recorded or presented with the deed.

6. Title Insurance / Legal Counsel: Grantees should obtain title insurance; consult a licensed Massachusetts attorney.

PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address / Phone

_____________________________________________
BBO Number (if attorney)

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