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

IMPORTANT LEGAL NOTICE
In Mississippi, a decedent's real property vests directly in the heirs (intestacy) or devisees (testacy) at death; it does not pass into the possession of the executor or administrator. An executor or administrator should sign a deed to estate land in only two situations: (1) the will grants the executor an express power of sale, or (2) the land is sold by decree of the chancery court under Miss. Code §§ 91-7-187, -189, and -191. In all other cases, the heirs or devisees — not the personal representative — must sign the deed. Mississippi does NOT impose a state real estate transfer tax. Obtain title insurance for complete protection.

EXECUTOR'S / ADMINISTRATOR'S DEED

(Personal Representative's Deed)

State of Mississippi

[3" TOP MARGIN REQUIRED FOR RECORDING INFORMATION]

RECORDING INFORMATION

After Recording Return To:

Name: ________________________________________
Address: _____________________________________
City, State, ZIP: _____________________________
Telephone: ___________________________________

Prepared By:

Name: ________________________________________
Address: _____________________________________
Mississippi Bar No. (if attorney): ____________
Telephone: ___________________________________

PROPERTY INFORMATION

ESTATE ADMINISTRATION INFORMATION

RECORDING FEES

Note: Mississippi does NOT impose a state real estate transfer tax on deeds.

PARTIES

GRANTOR (Personal Representative):

Name: [NAME OF FIDUCIARY], not individually but solely as ☐ Executor ☐ Administrator of the Estate of [DECEDENT NAME], Deceased

Mailing Address: [FULL ADDRESS]

Telephone: [PHONE NUMBER] (REQUIRED per Miss. Code § 27-3-51)

GRANTEE (Buyer/New Owner):

Name: [GRANTEE FULL LEGAL NAME]

Mailing Address: [FULL ADDRESS]

Telephone: [PHONE NUMBER] (REQUIRED per Miss. Code § 27-3-51)

Manner of Holding Title:
☐ As a single person
☐ As husband and wife as joint tenants with right of survivorship
☐ As joint tenants with right of survivorship
☐ As tenants in common (____% and ____%)
☐ As a Mississippi limited liability company / corporation
☐ As Trustee of [Trust Name]

AUTHORITY OF PERSONAL REPRESENTATIVE

This conveyance by the Grantor in a fiduciary capacity is authorized by (check the one that applies):

☐ Express power of sale in the Will. The Last Will and Testament of the Decedent, admitted to probate in the Chancery Court of [COUNTY] County, Mississippi, on [__/__/____], grants the Executor an express power to sell the Property; no court order is required. (See Davis v. Sturdivant, 19 So.2d 499 (Miss. 1944).)

☐ Sale by decree of the chancery court. This sale was authorized and ordered by decree of the Chancery Court of [COUNTY] County, Mississippi, entered [__/__/____] in Cause No. [CAUSE NUMBER], pursuant to Miss. Code §§ 91-7-187, 91-7-189, and 91-7-191 (sale of decedent's land to pay debts and expenses or in preference to personalty), all interested parties having been cited under Miss. Code § 91-7-197, and the Grantor having executed the bond required by Miss. Code § 91-7-205 (☐ bond filed ☐ bond waived by the court).

CONVEYANCE

Granting Clause

KNOW ALL MEN BY THESE PRESENTS:

That [NAME OF FIDUCIARY], not individually but solely as ☐ Executor ☐ Administrator of the Estate of [DECEDENT NAME], Deceased ("Grantor"), for and in consideration of the sum of [WRITTEN AMOUNT] AND NO/100 DOLLARS ($[NUMERIC]) and other good and valuable consideration, cash in hand paid by [GRANTEE NAME] ("Grantee"), the receipt of which is hereby acknowledged, has this day GRANTED, BARGAINED, SOLD, AND CONVEYED WITH SPECIAL WARRANTY, and by these presents does hereby GRANT, BARGAIN, SELL, AND CONVEY WITH SPECIAL WARRANTY, unto the said Grantee, all right, title, and interest of the Decedent and the Estate in and to the following described land and property situated, lying, and being in [COUNTY] County, State of Mississippi, to-wit:

See Exhibit A attached hereto and incorporated herein by reference (the "Property")

Property Conveyed

TOGETHER with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, including:

☐ All improvements, buildings, structures, and fixtures
☐ All easements and rights-of-way appurtenant to the Property
☐ All rights in streets, alleys, and ways adjoining the Property
☐ All mineral, oil, and gas rights (unless excepted below)

Habendum Clause

TO HAVE AND TO HOLD the said land with all and singular the rights and appurtenances thereunto belonging, unto the said Grantee, Grantee's heirs and assigns, forever.

SPECIAL WARRANTY COVENANTS

Limited Fiduciary Warranty (Miss. Code § 89-1-35)

And the said Grantor, in the fiduciary capacity described above and not individually, does hereby covenant with the said Grantee, Grantee's heirs and assigns, that the Grantor will WARRANT AND FOREVER DEFEND the title to the Property unto the said Grantee, Grantee's heirs and assigns, against the lawful claims and demands of all persons claiming by, through, or under the Grantor in such fiduciary capacity, but not otherwise.

Scope of Special Warranty

THIS IS AN EXECUTOR'S / ADMINISTRATOR'S DEED conveying with SPECIAL (LIMITED) WARRANTY. The Grantor conveys solely in the fiduciary capacity and NOT individually, incurs no personal liability, and does NOT warrant against:

☐ Claims arising before the Decedent acquired title
☐ Defects or encumbrances created by prior owners
☐ Claims by parties not claiming through the Grantor as fiduciary
☐ Title defects existing before the Decedent's ownership

EXCEPTIONS TO WARRANTY

This conveyance is made and accepted SUBJECT TO:

Standard Exceptions

☐ Ad valorem taxes for the current year and subsequent years
☐ All applicable zoning ordinances and regulations
☐ All easements, restrictions, and rights-of-way of record
☐ Oil, gas, and mineral reservations of record (if applicable)
☐ Rights of parties in possession
☐ Claims of creditors of the Estate and the continuing jurisdiction of the Chancery Court

Specific Exceptions

1. [SPECIFIC EXCEPTION] — Recorded in Book _____, Page _____, [COUNTY] County, Mississippi

2. [SPECIFIC EXCEPTION] — Recorded in Book _____, Page _____, [COUNTY] County, Mississippi

☐ See Exhibit B for additional exceptions

EXECUTION

IN WITNESS WHEREOF, the said Grantor has hereunto set Grantor's hand, in the fiduciary capacity described above and not individually, this _____ day of _________________, 20_____.

GRANTOR SIGNATURE(S)

NOTE: All signatures must be in BLACK or BLUE ink. Names must be typed, printed, or stamped beneath each original signature.

________________________________________
[NAME OF FIDUCIARY] (Typed/Printed)
Not individually, but solely as
☐ Executor ☐ Administrator of the
Estate of [DECEDENT NAME], Deceased

ACKNOWLEDGMENT

NOTE: Mississippi requires notarization (Miss. Code § 89-3-1, § 89-3-7) but does NOT require witnesses for deeds.

Fiduciary Acknowledgment (Mississippi)

STATE OF MISSISSIPPI
COUNTY OF _______________

PERSONALLY appeared before me, the undersigned authority in and for
the said county and state, on this _____ day of _________________,
20_____, within my jurisdiction, the within named
____________________________________________, who acknowledged that
he/she is the ☐ Executor ☐ Administrator of the Estate of
____________________________________________, Deceased, and that in
such fiduciary capacity, being duly authorized so to do, he/she
signed and delivered the above and foregoing instrument on the day
and year therein mentioned as the act and deed of said Estate.

GIVEN under my hand and official seal, this _____ day of
_________________, 20_____.

________________________________________
NOTARY PUBLIC
Print Name: ____________________________
My Commission Expires: _________________

[NOTARY SEAL]

Out-of-State Acknowledgment

STATE OF _______________
COUNTY OF _______________

PERSONALLY appeared before me, the undersigned authority in and for
the said county and state, on this _____ day of _________________,
20_____, within my jurisdiction, the within named
____________________________________________, who acknowledged that
he/she, as ☐ Executor ☐ Administrator of the Estate of
____________________________________________, Deceased, signed and
delivered the above and foregoing instrument on the day and year
therein mentioned as the act and deed of said Estate, having been
duly authorized so to do.

GIVEN under my hand and official seal, this _____ day of
_________________, 20_____.

________________________________________
NOTARY PUBLIC
Print Name: ____________________________
My Commission Expires: _________________

[NOTARY SEAL]

EXHIBIT A - LEGAL DESCRIPTION

Property Address:
[STREET ADDRESS]
[CITY], Mississippi [ZIP]

Parcel Identification Number: [NUMBER]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION]

Example formats:

• Lot ___, Block ___, [SUBDIVISION NAME], a subdivision according to a map or plat thereof on file and of record in Plat Book ___, at Page ___, in the office of the Chancery Clerk of [COUNTY] County, Mississippi.

• The [DIRECTION] [FRACTION] of the [DIRECTION] [FRACTION] of Section ___, Township ___ [North/South], Range ___ [East/West], [COUNTY] County, Mississippi, containing _____ acres, more or less.

• [METES AND BOUNDS DESCRIPTION]

County: [COUNTY], Mississippi

EXHIBIT B - SPECIFIC EXCEPTIONS (If Applicable)

[List all specific encumbrances, liens, easements, and restrictions that remain after closing]

1. ________________________________________________________________

2. ________________________________________________________________

MISSISSIPPI RECORDING REQUIREMENTS

Filing Information

• Filing Office: Chancery Clerk, [COUNTY] County, Mississippi (Miss. Code § 89-5-1)
• Recording Fee: $25.00 for first page (varies by county for additional pages)
• Transfer Tax: Mississippi does NOT impose a state real estate transfer tax

Document Requirements (Miss. Code § 89-5-24, § 27-3-51)

☐ 3" top margin on first page for recording information
☐ Document title identifying type of instrument (e.g., "Executor's Deed" / "Administrator's Deed")
☐ Names, mailing addresses, and telephone numbers of all parties (Miss. Code § 27-3-51)
☐ Signatures in black or blue ink; typed, printed, or stamped names beneath each signature
☐ Proper acknowledgment/notarization (Miss. Code § 89-3-1, § 89-3-7)
☐ Legible and reproducible

Authority to Convey — Mississippi Probate Practice

• Vesting: Real property vests directly in the heirs (intestacy) or devisees (testacy) at the Decedent's death; it does not pass into the possession of the executor or administrator.
• When the PR signs the deed: Only (1) where the will grants an express power of sale, or (2) where the land is sold by decree of the chancery court under Miss. Code §§ 91-7-187, -189, and -191. Otherwise the heirs/devisees must execute the deed.
• Court-ordered sale: All interested parties must be cited (§ 91-7-197); the burden is on the petitioner to show the land must be sold in preference to personalty. The executor/administrator must execute a bond equal to the sale proceeds (§ 91-7-205), which the court may waive if creditor claims have expired and all beneficiaries consent. Sale is subject to court confirmation.

Statutory References

• Miss. Code §§ 91-7-187, -189, -191 — sale of decedent's land by chancery decree
• Miss. Code § 91-7-195 — creditor's application for sale
• Miss. Code § 91-7-197 — citation of interested parties
• Miss. Code § 91-7-205 — bond on sale of land by decree
• Miss. Code § 89-1-35 — special warranty
• Miss. Code § 89-3-1, § 89-3-7 — acknowledgment / notarization
• Miss. Code § 89-5-1, § 89-5-24 — recording with the Chancery Clerk
• Miss. Code § 27-3-51 — telephone-number requirement

TITLE INSURANCE NOTICE

IMPORTANT: Because this Executor's/Administrator's Deed conveys with LIMITED (special) warranty in a fiduciary capacity, Grantee is STRONGLY ADVISED to obtain an owner's policy of title insurance and to confirm that the personal representative's authority (will power of sale or chancery decree, citation, bond, and confirmation) is properly documented in the estate file.

☐ Grantee acknowledges receipt of this recommendation

END OF EXECUTOR'S / ADMINISTRATOR'S DEED

Mississippi Code Titles 89 & 91