Personal Representative's Deed - Missouri

PERSONAL REPRESENTATIVE'S DEED

State of Missouri

Prepared By:
_____________________________________________

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Locator Number/Parcel ID:
_____________________________________________

RESERVE TOP THREE INCHES OF RECORDING COPY FOR RECORDER USE

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)

Marital status of the natural-person signer: ☐ Married ☐ Unmarried

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)

Vesting as shown in the Grantee's title instructions: _________________________

ARTICLE II: AUTHORITY FOR CONVEYANCE

Section 2.1 Source of Authority

The Grantor executes and delivers this Deed in the Grantor's fiduciary capacity under the following authority (select one route and complete its record references):

☐ Power of sale in the admitted Will under RSMo § 473.457. The Will dated ____________, admitted on ____________, contains a power authorizing this sale in Article/paragraph ____________. The signer is the acting executor or administrator with the will annexed, or acts under the court's order dated ____________ authorizing exercise of a personal power by a successor.

☐ Court-ordered sale under RSMo §§ 473.460 and 473.493. The Probate Division of the Circuit Court of ____________ County (or St. Louis City), Missouri, ordered sale of the described property on ____________ for the purpose stated in the order: ________________________.

For the court-ordered route, complete every following recital from the probate record before execution (RSMo § 473.520.2):

Section 2.2 Statutory Basis

The selected route above supplies the authority for this conveyance. For a court-ordered sale, RSMo § 473.513 governs the sale report and court approval, and § 473.520 governs the deed after approval.

ARTICLE III: CONVEYANCE

Section 3.1 Consideration

The consideration for this conveyance is $_____________________ (____________________ Dollars), receipt of which the Grantor acknowledges to the extent actually received by the Estate.

Section 3.2 Granting Clause

The Grantor, in the Grantor's capacity as Personal Representative of the above Estate, by virtue of the authority recited in Article II, conveys to the above-named Grantee(s), and Grantee(s)' heirs and assigns, all of the right, title, and interest that the Decedent held in the following real estate situated in _________________ County (or St. Louis City), Missouri, at the time of death:

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: NO WARRANTY

Section 4.1 No Covenant of Title

This conveyance contains no covenant or warranty of title, express or implied. The conveyance is limited to the Decedent's interest described in Section 3.2. The parties expressly exclude the covenants otherwise implied by the words “grant, bargain and sell” under RSMo § 442.420.

Section 4.2 No Personal Liability

The Grantor signs solely in a representative capacity. This deed creates no personal covenant of title by the signer.

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: RECORDING CHARGES

Section 6.1 Recording Fee

The presenter will pay the recorder's current fee and any applicable surcharge. RSMo § 59.310.6(1) sets a county base fee of $5 for the first page and $3 for each additional page; § 59.313.6(1) sets a St. Louis City base fee of $10 for the first page and $5 for each additional page. Confirm the total with the receiving recorder.

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 _________________
COUNTY OF _________________

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

_____________________________________________

to me known to be the person described in and who executed the foregoing instrument, and acknowledged executing it as the free act and deed of that person in the capacity of Personal Representative of the Estate of _________________________, Deceased.

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]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

Situated in _________________ County, Missouri:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Locator Number/Parcel ID: _____________________________________________

MISSOURI RECORDING REQUIREMENTS AND INFORMATION

Before recording

For a court-ordered sale, confirm that the § 473.513 report was filed within ten days after sale, remained on file ten days before court action, and that the court approved the sale and ordered a deed. Complete every § 473.520.2 recital in Article II. For a sale under the Will, verify the actual power and the acting fiduciary under § 473.457. A petition under § 473.493 requires the court-set hearing and notice it describes.

RSMo § 442.130 requires execution and acknowledgment and the married or unmarried status of every natural-person signer. RSMo §§ 59.310 and 59.313 require a three-inch top margin, at least three-fourths-inch other margins, legible black or dark type of at least eight points, and printed names beneath signatures. The first page below the top margin must state or point to the title, date, grantor and grantee names, any statutory addresses, legal description, and applicable prior book/page references. County § 59.310 additionally calls for grantor marital status in that first-page index. Section 59.313 governs St. Louis City. A recorder may accept a nonconforming document for an additional $25 under either section; do not assume acceptance.

THIS INSTRUMENT PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone

Sources and References

• RSMo §§ 473.457, 473.460, 473.493, 473.513, 473.520 — Power in Will; court sale, report, approval, and deed
• RSMo §§ 442.020, 442.130, 442.210, 442.420 — Conveyance, execution, acknowledgment, and implied covenants
• RSMo §§ 59.310, 59.313 — County and St. Louis City recording standards and base fees

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