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

PERSONAL REPRESENTATIVE'S DEED

(Executor's / Administrator's Deed)

State of Minnesota

Drafted By:
_____________________________________________
(Name and Address — Required per Minn. Stat. § 507.091)

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Tax Statements Should Be Sent To:
_____________________________________________
_____________________________________________

Property Identification Number (PIN):
_____________________________________________

SPACE ABOVE FOR RECORDER'S USE

DOCUMENT INFORMATION

eCRV Number (if required): _____________________________________________

PERSONAL REPRESENTATIVE'S DEED

KNOW ALL PERSONS BY THESE PRESENTS:

This Personal Representative's Deed is made on _________________, 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)

referred to as the "Grantor."

Estate Administration Details:

Section 1.2 Grantee(s)

_____________________________________________
(Name)

of _____________________________________________
(Address)

Vesting:
☐ A single person
☐ Husband and wife, as joint tenants
☐ 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, except as restricted or otherwise provided by the will or by an order in a formal proceeding, is authorized to acquire or dispose of estate land at public or private sale under Minn. Stat. § 524.3-715(6) and to convey or distribute estate real property under Minn. Stat. § 524.3-711 and § 524.3-907. This conveyance is made pursuant to (check all that apply):

☐ The statutory power of a personal representative to dispose of estate land under Minn. Stat. § 524.3-715(6), exercised without court order (Minn. Stat. § 524.3-704);

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

☐ An order of the District Court in a formal or supervised proceeding, entered [__/__/____];

☐ A distribution in kind to the Grantee as a successor of the Decedent, as a deed of distribution under Minn. Stat. § 524.3-907;

☐ Other statutory authority: _____________________________________________

Section 2.2 Statutory References

This conveyance is made pursuant to:

• Minn. Stat. § 524.3-711, § 524.3-715 (powers; transactions authorized)
• Minn. Stat. § 524.3-907, § 524.3-908 (deed of distribution; evidence of title)
• Minn. Stat. § 507.01 et seq. (conveyances of real property)
• Minn. Stat. § 507.24 (acknowledgment / recording)
• Minn. Stat. § 507.091, § 507.093 (drafter identification; document standards)
• Minn. Stat. § 287.21 et seq. (deed tax)

ARTICLE III: CONVEYANCE

Section 3.1 Granting Clause

For valuable consideration of $_____________________ (____________________ Dollars), the Grantor, in the representative capacity described above and not individually, hereby CONVEYS AND QUITCLAIMS, with the limited covenants set forth below, to the above-named Grantee(s), and Grantee(s)' heirs and assigns forever, all of the right, title, and interest of the Decedent and the Estate in and to the following described real property in _________________ County, Minnesota:

Section 3.2 Legal Description

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

Property Address: _____________________________________________

Property Identification Number (PIN): _____________________________________________

Being the same real property that vested in the Decedent as recorded in the office of the County Recorder / Registrar of Titles of _________________ County, Minnesota, as Document No. _____________.

ARTICLE IV: LIMITED (FIDUCIARY) WARRANTY

Section 4.1 Fiduciary Covenant

By this deed, the Grantor, in the Grantor's representative capacity only, covenants that:

(a) The Grantor is the duly appointed and acting Personal Representative authorized to make this conveyance; and

(b) The Grantor has not made or suffered any encumbrance upon the property during administration of the Estate (except as noted herein), and the Grantor WILL WARRANT AND DEFEND the title against the lawful claims 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 PERSONAL REPRESENTATIVE'S DEED conveying with LIMITED (special/fiduciary) warranty. The Grantor conveys solely in the fiduciary capacity and NOT individually, and incurs no personal liability. This deed does NOT warrant against:

• Defects in title existing prior to the Decedent's ownership;
• Liens or encumbrances created by prior owners;
• Claims of persons NOT claiming by, through, or under the Grantor as fiduciary.

Under Minn. Stat. § 524.3-907 and § 524.3-908, a personal representative's deed of distribution is evidence that the distributee has succeeded to the interest of the Decedent and the Estate.

ARTICLE V: EXCEPTIONS AND RESERVATIONS

Section 5.1 Subject To

This conveyance is made subject to:

(a) Real property taxes payable in 20_____ and subsequent years;

(b) All applicable zoning laws, ordinances, and regulations;

(c) All covenants, conditions, restrictions, declarations, easements, 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 the continuing jurisdiction of the District Court;

(g) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________

ARTICLE VI: DEED TAX

Section 6.1 Minnesota State Deed Tax (Minn. Stat. § 287.21)

State Deed Tax Rate: 0.0033 (0.33%) of net consideration

Net Consideration/Purchase Price: $_____________________

State Deed Tax Due: $_____________________

Section 6.2 Deed Tax for Low or No Consideration

☐ If consideration is $3,000 or less: minimum deed tax of $1.65 applies ($1.70 in Hennepin and Ramsey Counties) — write on deed: "Total consideration for this transfer is $3,000 or less."

☐ Distribution to a successor/heir/devisee with no consideration — confirm deed-tax treatment with the County.

Section 6.3 eCRV Requirement (Minn. Stat. § 272.115)

☐ An Electronic Certificate of Real Estate Value (eCRV) is required for transfers over $3,000.

eCRV Number: _____________________________________________

ARTICLE VII: WELL DISCLOSURE

Section 7.1 Well Certificate (if applicable)

☐ No well on the property
☐ Well disclosure certificate attached (Minn. Stat. § 103I.235)
☐ Well certificate previously recorded: Document No. _____________

ARTICLE VIII: EXECUTION

Section 8.1 Grantor's Signature

IN WITNESS WHEREOF, the Grantor has executed this Personal Representative's Deed in the representative capacity described above and not individually.

_____________________________________________
Signature of Personal Representative

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

Date: _____________________________________________

ARTICLE IX: ACKNOWLEDGMENT

Section 9.1 Minnesota Acknowledgment (Representative Capacity)

STATE OF MINNESOTA
COUNTY OF _________________

This instrument was acknowledged before me on _________________, 20_____, by _________________________, as Personal Representative of the Estate of _________________________, Deceased, on behalf of said Estate.

☐ who is personally known to me, OR
☐ who produced _________________________ as identification.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________

[NOTARIAL SEAL/STAMP]

Section 9.2 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

This instrument was acknowledged before me on _________________, 20_____, by _________________________, as Personal Representative of the Estate of _________________________, Deceased.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________

[NOTARIAL SEAL/STAMP]

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

Real property situated in _________________ County, Minnesota:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Property Identification Number (PIN): _____________________________________________

MINNESOTA RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Document Standards (Minn. Stat. § 507.093)

Minnesota State Deed Tax (Minn. Stat. § 287.21)

Important Minnesota Notes

1. No Court Order Generally Required: In an unsupervised administration, the personal representative may sell or distribute estate land without a court order under Minn. Stat. § 524.3-704 and § 524.3-715, unless the will or a formal-proceeding order restricts the power.

2. Deed of Distribution: A conveyance distributing real property to an heir or devisee is a "deed of distribution" under Minn. Stat. § 524.3-907 and is conclusive evidence of title under § 524.3-908, subject to recovery for improper distribution.

3. Torrens (Registered) Land: If the property is registered (Torrens) land, file with the Registrar of Titles and reference the Certificate of Title.

4. Letters: A certified copy of the Letters Testamentary or Letters of General Administration is customarily presented or recorded with the deed.

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

THIS DOCUMENT DRAFTED BY (Minn. Stat. § 507.091):

_____________________________________________
Name

_____________________________________________
Address / Phone

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