Personal Representative's Deed (Fiduciary Covenant Deed) - Michigan

Michigan Personal Representative's Deed

Recordable event: PERSONAL REPRESENTATIVE'S DEED

After recording return to:

[NAME AND ADDRESS]

Instrument drafted by:

[NAME AND BUSINESS ADDRESS]

Property address: [_______________________________________________________]

Tax parcel number: [______________________________________________________]

1. Estate and Authority Record

The Personal Representative acts solely in that fiduciary capacity and not individually.

2. Select the Conveyance Path

Select one path and delete the others before execution.

Path A — Sale or Other Disposition to a Purchaser

☐ This is a sale or other disposition under MCL 700.3711 and 700.3715(1)(f).

Under MCL 700.3711, a Personal Representative generally has an absolute owner's power over estate property, in trust for creditors and other interested persons, and may exercise that power without notice, hearing, or court order. MCL 700.3715(1) separately authorizes reasonable transactions for interested persons, subject to the will, an order in a formal proceeding, subsection (2), and statutory priorities.

Authority check:

☐ The Will and Letters contain no applicable restriction.

☐ The applicable restriction has been satisfied by the attached order dated [__/__/____].

☐ Grantor is the state or county public administrator and the attached court order approves the sale under MCL 700.3715(2)(a).

Path B — Distribution in Kind to an Heir or Devisee

☐ This is an in-kind distribution. Under MCL 700.3909, the Personal Representative executes a deed or instrument of distribution assigning, transferring, or releasing the property as evidence of the distributee's title.

Distribution basis: [WILL PROVISION / INTESTACY / SETTLEMENT / ORDER]

☐ The administration is unsupervised, and no governing restriction requires an order.

☐ The administration is supervised, and the attached prior court order authorizes the distribution as required by MCL 700.3504.

Path C — Performance of Decedent's Land Contract

☐ This deed performs an enforceable contract of Decedent under MCL 700.3715(1)(c).

Contract date and parties: [_______________________________________________]

Contract-required warranties, if any: [___________________________________]

If the contract requires warranties, MCL 700.3715(1)(c) requires them in the deed. Those warranties bind the Estate as though Decedent made them but do not bind the Personal Representative except in a fiduciary capacity.

3. Grantor and Grantee

For the applicable Path above, [PERSONAL REPRESENTATIVE NAME], solely as Personal Representative of the Estate of [DECEDENT NAME], whose address is [ADDRESS] (“Grantor”), conveys to:

Grantee: [FULL LEGAL NAME]

Grantee address: [STREET NUMBER ADDRESS OR POST OFFICE ADDRESS]

Vesting selected by Michigan counsel:

☐ Sole ownership

☐ Tenancy by the entireties

☐ Joint tenancy with full rights of survivorship

☐ Tenancy in common in these shares: [______________________________________]

☐ Entity ownership: [EXACT LEGAL NAME, ENTITY TYPE, AND JURISDICTION]

4. Consideration and Conveyance

Consideration or distribution value: $[AMOUNT]

Grantor conveys to Grantee all right, title, and interest that the Estate may lawfully convey in the real property described in Exhibit A, together with appurtenances, subject to the exceptions stated below.

Michigan law does not imply a covenant in a real-estate conveyance. MCL 565.5. The phrase “conveys and warrants” from MCL 565.151 is not used in this deed.

4.1 Warranty Selection

Select one and delete the other:

☐ No express warranty. This deed conveys without express or implied title covenant. Grantor makes no individual warranty.

☐ Contract-required express warranty. Solely to perform the Decedent's enforceable contract identified in Path C, Grantor states the following exact warranty:

[____________________________________________________________]

The express warranty above binds the Estate as provided by MCL 700.3715(1)(c) and does not bind Grantor except in a fiduciary capacity.

4.2 Exceptions

This conveyance is subject to the following matters, but only to the extent valid and applicable:

[TAXES, ASSESSMENTS, EASEMENTS, RESTRICTIONS, POSSESSION, SURVEY MATTERS, AND TITLE EXCEPTIONS]

5. Legal Description

The property is situated in the ☐ City ☐ Township ☐ Village of [NAME], County of [COUNTY], State of Michigan, and is legally described on Exhibit A.

Common address: [________________________________________________________]

Parcel number: [_________________________________________________________]

Prior recording reference: [LIBER/PAGE OR INSTRUMENT NUMBER]

6. Transfer-Tax and Tax-Certificate Worksheet

Do not record until Michigan title or tax counsel completes this section.

6.1 Transfer Taxes

The state rate under MCL 207.525 is $3.75 for each $500 or fraction of $500 of total value. The county rate under MCL 207.504 is $0.55 for each $500 or fraction in a county under 2,000,000 population and no more than $0.75 per $500 as authorized in a county of 2,000,000 or more.

☐ Taxable. Total real-property value: $[AMOUNT]

State tax: $[AMOUNT]

County tax and verified county rate: $[AMOUNT] at $[RATE] per $500

☐ Exempt from state tax under MCL 207.526([SUBSECTION]): [REASON]

☐ Exempt from county tax under MCL 207.505([SUBSECTION]): [REASON]

Do not assume that every estate sale or distribution is exempt. Insert only the exemption counsel has matched to the transaction facts.

6.2 Property-Tax Certificate

MCL 211.135 generally requires the listed tax certificates before recording a conveyance, but subsection (6)(e) excludes a quitclaim deed or other conveyance containing no covenants of warranty. Complete one:

☐ No-warranty conveyance; counsel confirms MCL 211.135(6)(e) applies.

☐ Express warranty included; required tax certificates have been obtained and presented.

☐ Another statutory exception applies: MCL 211.135(6)([SUBSECTION]).

7. Execution

Signed and sealed on [__/__/____].

Signature: ____________________________________ (SEAL)

[PERSONAL REPRESENTATIVE NAME], solely as Personal Representative of the Estate of [DECEDENT NAME], and not individually

8. Michigan Acknowledgment

STATE OF MICHIGAN
COUNTY OF [COUNTY]

The foregoing instrument was acknowledged before me on [__/__/____] by [PERSONAL REPRESENTATIVE NAME], solely as Personal Representative of the Estate of [DECEDENT NAME], on behalf of the Estate.

Notary signature: ____________________________________

Printed notary name: [_______________________________________________________]

Notary Public, State of Michigan, County of [COUNTY]

My commission expires: [__/__/____]

Acting in County of: [COUNTY]

9. Recording Compliance Checklist

Under MCL 565.201, confirm:

☐ The Personal Representative's printed name appears beneath the original signature, and the name matches the acknowledgment.

☐ Original signatures or marks use black or dark-blue ink.

☐ The notary's printed name appears on the same page near the notary signature.

☐ Each Grantee's street-number or post-office address appears in the deed.

☐ The first page has at least a 2.5-inch top margin; other sides have at least 0.5 inch.

☐ The first line of print states one recordable event.

☐ Text is at least 10-point, legible, and black on white 20-pound-or-heavier paper.

☐ Pages and attachments are between 8.5 × 11 inches and 8.5 × 14 inches.

☐ The drafter's name and business address appear in the instrument.

☐ Social Security numbers are omitted or properly obscured.

☐ The Register of Deeds and title professional have confirmed current county submission, fee, transfer-affidavit, and electronic-recording requirements.

Exhibit A — Legal Description

[INSERT COMPLETE LEGAL DESCRIPTION; DO NOT USE STREET ADDRESS ALONE]

Sources and References

• MCL 700.3711
• MCL 700.3715
• MCL 700.3504
• MCL 700.3909
• MCL Chapter 565
• MCL 565.201
• MCL 207.504
• MCL 207.505
• MCL 207.525
• MCL 207.526
• MCL 211.135