Personal Representative's Deed - Missouri

PERSONAL REPRESENTATIVE'S DEED

State of Missouri

Prepared By:
_____________________________________________

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Locator Number/Parcel ID:
_____________________________________________

3" TOP MARGIN FOR RECORDER OF DEEDS' USE (RSMo 59.310)

DOCUMENT INFORMATION

TITLE: PERSONAL REPRESENTATIVE'S DEED

PERSONAL REPRESENTATIVE'S DEED

KNOW ALL MEN BY THESE PRESENTS:

This Personal Representative's Deed is made on _________________, 20_____.

ARTICLE I: PARTIES

Section 1.1 Grantor (Fiduciary)

_____________________________________________
(Name of Personal Representative)

as Personal Representative ☐ Executor ☐ Administrator ☐ Administrator with Will Annexed (c.t.a.)
of the Estate of _____________________________________________, Deceased,

of _____________________________________________
(Mailing Address of Personal Representative - Required)

Appointment Recital:

Letters ☐ Testamentary ☐ of Administration were granted to the Grantor on [__/__/____] by the Probate Division of the Circuit Court of _________________ County, Missouri, in Estate No. _________________, and the Grantor is the duly appointed, qualified, and acting Personal Representative of said Estate, said appointment remaining in full force and effect and unrevoked as of the date hereof.

Section 1.2 Grantee(s)

_____________________________________________
(Name)

of _____________________________________________
(Mailing Address - Required for at least one Grantee)

Vesting:
☐ A single person
☐ A married person, as sole and separate property
☐ 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 FOR CONVEYANCE

Section 2.1 Source of Authority

The Grantor executes and delivers this Deed in the Grantor's fiduciary capacity, and not individually, pursuant to the following authority (check all that apply):

☐ Power of sale contained in the Will of the Decedent, admitted to probate in the above Estate, authorizing the Personal Representative to sell and convey the real property described herein.

☐ Order of the Probate Division of the Circuit Court authorizing the sale of the real property described herein, entered under RSMo § 473.493 on [__/__/____], the real property being sold for one or more of the purposes set forth in RSMo § 473.460.

☐ Order approving and confirming the sale entered under RSMo §§ 473.517 and 473.520 on [__/__/____], following the report of sale filed under RSMo § 473.513, the Court having directed the Personal Representative to execute and deliver this Deed to the Grantee.

☐ Written consents of all interested heirs and devisees, who are adults, competent, and have consented in writing to the sale, notice and hearing thereby being dispensed with.

Section 2.2 Statutory Basis

This conveyance is made pursuant to:

• RSMo § 473.493 (Petition to sell, mortgage or lease real estate—notice—order)
• RSMo § 473.460 (Purposes for which real property may be sold)
• RSMo §§ 473.513, 473.517, 473.520 (Report of sale; approval and confirmation; conveyance)
• RSMo Chapter 442 (Titles and conveyances of real estate)

ARTICLE III: CONVEYANCE

Section 3.1 Consideration

The consideration for this conveyance is $_____________________ (____________________ Dollars), the receipt and sufficiency of which are hereby acknowledged.

Section 3.2 Granting Clause

The Grantor, in the Grantor's capacity as Personal Representative of the above Estate and not individually, by virtue of the authority recited in Article II, does hereby GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto the above-named Grantee(s), and Grantee(s)' heirs and assigns forever, all of the right, title, and interest of the Decedent and of the Estate in and to the following described real estate situated in _________________ County, Missouri, to-wit:

Section 3.3 Legal Description

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

Property Address: _____________________________________________

Locator Number/Parcel ID: _____________________________________________

TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights, privileges, appurtenances, and immunities thereto belonging or in any wise appertaining, unto the said Grantee(s), and unto Grantee(s)' heirs and assigns forever.

ARTICLE IV: LIMITED FIDUCIARY WARRANTY

Section 4.1 Special (Limited) Warranty in Representative Capacity

The Grantor covenants only that the Grantor has not done, suffered, or permitted any act or thing whereby the premises hereby conveyed are or may be charged or encumbered in title, and that the Grantor WILL WARRANT AND DEFEND the title to said premises against the lawful claims of all persons claiming by, through, or under the Grantor in the Grantor's fiduciary capacity, but none other.

Section 4.2 No Personal Liability

This Deed is executed by the Grantor solely in the Grantor's representative capacity as Personal Representative of the Estate. The Grantor makes NO covenants or warranties, express or implied, in the Grantor's individual capacity, and the Grantor shall have no personal liability hereunder. No warranty of title is implied beyond the limited warranty expressly stated in Section 4.1, and the Grantee takes title subject to all matters of record and of fact affecting the Decedent's title.

ARTICLE V: EXCEPTIONS AND RESERVATIONS

Section 5.1 Subject To

This conveyance is made subject to:

(a) Real property taxes for the year 20_____ and thereafter, not yet due and payable;

(b) All applicable zoning ordinances, building codes, and governmental regulations;

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

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

(e) Rights of tenants or parties in possession;

(f) Liens, claims, and encumbrances against the Estate and the Decedent's title;

(g) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE VI: TRANSFER TAX

Section 6.1 Missouri Transfer Tax

Missouri does not impose a state real estate transfer tax.

Recording fees apply. No transfer-tax declaration is required to record this Deed in Missouri.

ARTICLE VII: EXECUTION

Section 7.1 Grantor's Signature (Representative Capacity)

IN WITNESS WHEREOF, the Grantor has executed this Personal Representative's Deed in the Grantor's fiduciary capacity this _____ day of _________________, 20_____.

GRANTOR:

_____________________________________________ (SEAL)
Signature

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

ARTICLE VIII: ACKNOWLEDGMENT

Section 8.1 Missouri Acknowledgment (Representative Capacity)

STATE OF MISSOURI
COUNTY OF _________________

On this _____ day of _________________, 20_____, before me appeared:

_____________________________________________

to me personally known, who, being by me duly sworn, did say that he/she is the Personal Representative (☐ Executor ☐ Administrator) of the Estate of _________________________, Deceased, and that the foregoing instrument was signed and delivered by him/her in such fiduciary capacity pursuant to authority conferred by the Will and/or by order of the Probate Division of the Circuit Court, and acknowledged said instrument to be the free act and deed of said Personal Representative for the purposes therein stated.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL - Must be in black ink, minimum 8-point type]

Section 8.2 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

On this _____ day of _________________, 20_____, before me appeared _________________________, to me personally known (or proved to me on the basis of satisfactory evidence) to be the Personal Representative described in and who executed the foregoing instrument in such fiduciary capacity, and acknowledged that he/she executed the same as the free act and deed of said Personal Representative.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

Situated in _________________ County, Missouri:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Locator Number/Parcel ID: _____________________________________________

MISSOURI RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements (RSMo 59.310)

Document Format Requirements (RSMo 59.310)

Recording Fees (Vary by County)

Transfer Tax

Missouri does not impose a state real estate transfer tax. Recording fees only.

Important Missouri Requirements

1. Authority to Convey: A Personal Representative may convey estate real property only under a power of sale in the will or pursuant to an order of the Probate Division of the Circuit Court (RSMo § 473.493). Where the sale is by court order, the report of sale (§ 473.513) and the order approving and confirming the sale (§§ 473.517, 473.520) should be of record before closing. Attach certified copies of Letters and the confirming order as appropriate.

2. Fiduciary Capacity: The Grantor signs and is acknowledged solely in the representative capacity; no individual warranties are made.

3. Document Standards: Failure to meet RSMo 59.310 standards results in a $25 non-standard penalty.

4. Title Insurance: Grantees should obtain title insurance given the limited fiduciary warranty.

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

THIS INSTRUMENT PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone

Sources and References

• RSMo § 473.493 — Petition to sell, mortgage or lease real estate—notice—order
• RSMo § 473.460 — Purposes for which real property may be sold
• RSMo §§ 473.513, 473.517, 473.520 — Report of sale; approval and confirmation; conveyance after confirmation
• RSMo § 473.583 — Final settlement and distribution
• RSMo Chapter 442 — Titles and conveyances of real estate; § 442.130 (marital status of grantor)
• RSMo § 59.310 — Document standards for recording

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