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

FIDUCIARY DEED

(Personal Representative's / Executor's Deed)

Commonwealth of Massachusetts

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

SPACE FOR REGISTRY RECORDING INFORMATION

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
☐ Married spouses, 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. 183, § 4 (recording effect of a conveyance)

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 QUITCLAIM COVENANTS under M.G.L. c. 183, § 17, 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: QUITCLAIM COVENANTS IN REPRESENTATIVE CAPACITY

Section 4.1 Limited Title Covenants

By the use of the words "QUITCLAIM COVENANTS" in this deed, the Grantor covenants with the Grantee, in the Grantor's disclosed representative capacity, that the premises are free from encumbrances made by the Grantor, 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 quitclaim covenants are made in the disclosed representative capacity. Under M.G.L. c. 190B, § 3-808(a), a personal representative is generally not individually liable on a contract properly entered into in that capacity during administration if the representative capacity and estate are identified; the personally-at-fault rule in § 3-808(b) addresses ownership obligations and torts;
• The covenants do NOT warrant against encumbrances created by prior owners or claims of persons not claiming by, through, or under the Grantor in the stated capacity.

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) 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: Outside Barnstable County, $2.28 per $500 (or fraction thereof) of consideration; in Barnstable County, the registry's current combined rate is $3.24 per $500 (or fraction thereof).
Effective Rate: $4.56 per $1,000 (0.456%) outside Barnstable County; $6.48 per $1,000 (0.648%) in Barnstable County. Confirm the applicable rate with the recording registry before payment.

Consideration: $_____________________

Excise Tax Due: $_____________________

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

Section 6.2 Tax Stamps

Pay any deed excise due using the recording registry’s current process. For an electronic recording, confirm the approved vendor and its excise-payment instructions; for a physical submission, confirm the registry’s payment and endorsement requirements before filing.

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 as fiduciary. Section 3-808(a) governs individual liability on contracts made in that disclosed capacity; § 3-808(b) addresses personally-at-fault liability for ownership obligations and torts.

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.