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

PERSONAL REPRESENTATIVE'S DEED

(Executor's / Administrator's Deed)

State of Maryland

Prepared By:
_____________________________________________

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Send Future Tax Bills To (Grantee):
_____________________________________________
_____________________________________________

Tax Account Identifier:
_____________________________________________

SPACE ABOVE THIS LINE FOR CLERK'S USE

DOCUMENT INFORMATION

PERSONAL REPRESENTATIVE'S DEED

THIS DEED, made this _____ day of _________________, 20_____,

ARTICLE I: PARTIES

Section 1.1 Grantor (Personal Representative)

BY:

_____________________________________________
(Name of Personal Representative)

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

of _____________________________________________
(Address)

hereinafter called "Grantor" (whether one or more).

Estate Administration Details:

Section 1.2 Grantee(s)

TO:

_____________________________________________
(Name)

of _____________________________________________
(Address - for tax billing purposes)

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

hereinafter called "Grantee" (whether one or more).

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 and empowered to make this conveyance pursuant to (check all that apply):

☐ The power conferred on a personal representative to sell property under Md. Code, Estates & Trusts § 7-401(n), exercised without application to, approval of, or ratification by the court under § 7-401(a);

☐ An express power of sale contained in the Decedent's Last Will and Testament dated [__/__/____];

☐ An order of the Orphans' Court authorizing this sale, entered [__/__/____] (pursuant to Md. Code, Estates & Trusts § 7-402);

☐ Other statutory or common-law authority: _____________________________________________

Section 2.2 Statutory References

This conveyance is made pursuant to:

• Md. Code, Estates & Trusts § 7-401 (powers and authority of personal representative)
• Md. Code, Estates & Trusts § 7-101, § 7-402 (duties; petition to court for permission)
• Md. Code, Real Property § 4-101 (sufficiency of deeds)
• Md. Code, Real Property § 3-104 (recording prerequisites)
• Md. Code, Tax-Property § 12-101 et seq. (recordation tax)
• Md. Code, Tax-Property § 13-101 et seq. (transfer tax)

ARTICLE III: CONVEYANCE

Section 3.1 Granting Clause

WITNESSETH, that for and in consideration of the sum of $_____________________ (____________________ Dollars), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor, in the representative capacity described above and not individually, does hereby GRANT AND CONVEY unto the Grantee, in fee simple, all of the Decedent's right, title, and interest in and to:

Section 3.2 Legal Description

ALL that lot or parcel of land situate in _________________ ☐ County ☐ City, State of Maryland, and more particularly described as follows:

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

Property Address: _____________________________________________

Tax Account Identifier: _____________________________________________

Election District (if required): _____________________________________________

Being the same property that vested in the Decedent by deed dated _________________, recorded among the Land Records of _________________ County/Baltimore City, Maryland in Liber _______, Folio _______, or as Instrument Number _____________.

ARTICLE IV: LIMITED (SPECIAL) WARRANTY

Section 4.1 Fiduciary Special Warranty

The Grantor, solely in the representative capacity described above, covenants that the Grantor has not done or suffered to be done any act, matter, or thing whatsoever to encumber the property hereby conveyed; and that the Grantor WILL WARRANT SPECIALLY the property hereby granted unto the Grantee against the claims and demands of all persons claiming by, through, or under the Grantor in such fiduciary capacity, but not otherwise.

Section 4.2 Limitation of Warranty

NOTICE: This is a PERSONAL REPRESENTATIVE'S DEED conveying with LIMITED (SPECIAL) WARRANTY. The Grantor:

• Conveys only in the fiduciary capacity as Personal Representative and NOT individually;
• Incurs no personal liability by reason of this conveyance or its covenants;
• Warrants ONLY against claims arising from the acts of the Grantor as Personal Representative;
• Does NOT warrant against defects existing prior to the Decedent's ownership or against claims of persons NOT claiming through the Grantor.

This deed does NOT contain full (general) warranty covenants.

ARTICLE V: EXCEPTIONS AND RESERVATIONS

Section 5.1 Subject To

TOGETHER WITH the buildings and improvements thereon, and the rights, alleys, ways, waters, privileges and appurtenances thereunto belonging or in anywise appertaining.

Subject to:

(a) Taxes for the fiscal year beginning July 1, 20_____, and thereafter, not yet due and payable;

(b) All applicable zoning, subdivision, and land use regulations;

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

(d) All matters which would be disclosed by an accurate survey;

(e) Rights of parties in possession;

(f) Claims of creditors of the Estate and any rights of the Orphans' Court over the administration of the Estate;

(g) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________

ARTICLE VI: TAXES

Section 6.1 Maryland Recordation Tax (Tax-Property Article § 12-101 et seq., § 12-105)

Consideration: $_____________________

Recordation Tax: $_______ per $500 (or fraction thereof) = $_____________________
(Rate is set by the county/Baltimore City in which the property is located, not a fixed statewide rate - typically $2.20 to $10.00+ per $500; confirm current rate locally)

Total Recordation Tax: $_____________________

Section 6.2 Maryland State Transfer Tax (Tax-Property Article § 13-203)

Standard Rate: 0.5% of consideration = $_____________________

Section 6.3 Local Transfer Tax

Local Transfer Tax (if applicable): _____% of consideration = $_____________________

Section 6.4 Exemptions

☐ This transfer is exempt from recordation tax per Md. Tax-Property Article § 12-108 because:
_____________________________________________

☐ This transfer is exempt from transfer tax per Md. Tax-Property Article § 13-207 because:
_____________________________________________

ARTICLE VII: CERTIFICATIONS

Section 7.1 Tax / Lien Certificate (Real Property Article § 3-104)

A lien certificate and tax certificate showing that all taxes, assessments, and charges have been paid has been obtained from _________________ County/Baltimore City and is attached or endorsed hereon.

Section 7.2 Maryland State Intake Sheet

A completed Maryland State Intake Sheet accompanies this deed.

Section 7.3 Attorney Certification (Real Property Article § 3-104(f)(1))

☐ I hereby certify that this deed was prepared by me as an attorney licensed in Maryland, or under my supervision.

☐ I hereby certify that this instrument was prepared by one of the parties named in the instrument.

_____________________________________________
Signature

_____________________________________________
Name (printed) / Maryland Bar Number (if attorney)

ARTICLE VIII: EXECUTION

Section 8.1 Testimonium Clause

WITNESS the hand and seal of the Grantor, 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

Date: _____________________________________________

_____________________________________________ (SEAL)
Signature of Co-Personal Representative (if any)

_____________________________________________
Printed Name, as Co-Personal Representative

Date: _____________________________________________

ARTICLE IX: ACKNOWLEDGMENT

Section 9.1 Maryland Acknowledgment (Representative Capacity)

STATE OF MARYLAND
_________________ (COUNTY/CITY), to wit:

I HEREBY CERTIFY that on this _____ day of _________________, 20_____, before me, the subscriber, a Notary Public of the State of Maryland, in and for _________________ County/Baltimore City, personally appeared:

_____________________________________________

known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same as the Personal Representative of the Estate of _________________________, Deceased, for the purposes therein contained, and in my presence signed and sealed the same.

WITNESS my hand and Notarial Seal.

_____________________________________________
Notary Public

My Commission Expires: _____________________

[NOTARIAL SEAL]

Section 9.2 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________, to wit:

I HEREBY CERTIFY that on this _____ day of _________________, 20_____, before me, the subscriber, a Notary Public, personally appeared _________________________, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same as Personal Representative of the Estate of _________________________, Deceased, for the purposes therein contained.

WITNESS my hand and Notarial Seal.

_____________________________________________
Notary Public

My Commission Expires: _____________________

[NOTARIAL SEAL]

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

All that lot or parcel of land situate in _________________ County/Baltimore City, Maryland:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Tax Account Identifier: _____________________________________________

MARYLAND RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements (Real Property Article § 3-104)

Important Maryland Notes

1. No Court Order Generally Required: Under Estates & Trusts § 7-401(a) and (n), a Maryland personal representative may sell estate real property without prior court approval, unless the power is limited by the will or by an order of the Orphans' Court. Where authority is uncertain, obtain a § 7-402 order before conveying.

2. Fiduciary Capacity: The personal representative signs and is acknowledged solely in the representative capacity and incurs no personal warranty liability.

3. Letters of Administration: Recording offices and title insurers customarily require a current certified copy of the Letters Testamentary or Letters of Administration to be presented (and often recorded) with the deed.

4. Limited Warranty: This deed conveys with special (limited) warranty only. Grantees should obtain title insurance.

5. Legal Counsel: Consultation with a licensed Maryland attorney is recommended.

THIS DEED WAS PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address / Phone

_____________________________________________
Maryland Bar Number (if attorney)

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