Personal Representative's Deed - North Carolina

PERSONAL REPRESENTATIVE'S DEED

State of North Carolina

Prepared By:
_____________________________________________

Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Parcel Identifier Number (PIN):
_____________________________________________

SPACE ABOVE THIS LINE FOR REGISTER OF DEEDS' USE

DOCUMENT INFORMATION

Excise Tax: $______________________

PERSONAL REPRESENTATIVE'S DEED

This Deed, made this _____ day of _________________, 20_____,

SCOPE: Use this deed only after counsel confirms the representative's authority and the governing sale route. The checked authority below must match the will, court file, and transaction documents.

ARTICLE I: PARTIES

Section 1.1 Grantor (Personal Representative)

BY AND BETWEEN:

_____________________________________________
(Name of Fiduciary)

as ☐ Executor ☐ Administrator ☐ Administrator C.T.A. / D.B.N. of the Estate of _________________________ ("Decedent"), and not individually,

whose mailing address is _____________________________________________

hereinafter referred to as "GRANTOR".

Section 1.2 Grantee(s)

AND:

_____________________________________________
(Name)

whose mailing address is _____________________________________________
_____________________________________________

Vesting:
☐ An unmarried person
☐ A married person
☐ Husband and wife, as tenants by the entirety
☐ As joint tenants with right of survivorship
☐ As tenants in common
☐ A _________________ [entity type], a _________________ [state] corporation/limited liability company

hereinafter referred to as "GRANTEE".

The designation "Grantor" and "Grantee" as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context.

ARTICLE II: RECITALS — ESTATE AND FIDUCIARY AUTHORITY

Section 2.1 The Estate

The Grantor was duly appointed and qualified by the Clerk of Superior Court of _________________ County, North Carolina, as the personal representative of the Estate of the Decedent, and the Letters issued as set forth above remain in full force and effect and have not been revoked or terminated.

Section 2.2 Authority to Convey

Subject to the will, court orders, and joint-representative rules identified in N.C.G.S. § 28A-13-3(a), subdivisions (27) and (32) authorize a personal representative to sell real property in the manner prescribed by Article 17 and execute instruments that accomplish a vested power. Select exactly one transaction route and complete its authority record:

☐ Authority given by will. Article _____ of the Decedent's Last Will and Testament gives the representative authority to sell this real property. Under N.C.G.S. §§ 28A-15-1(c) and 28A-17-8, no Article 17 special proceeding is required for a sale made pursuant to authority given by will, and the sale may be public or private unless the will otherwise directs.

☐ Special-proceeding order. The representative petitioned to sell the real property for payment of debts or other claims under N.C.G.S. §§ 28A-15-1(c) and 28A-17-1, and the Clerk of Superior Court entered an order under § 28A-17-7. Order date: [__/__/____]. File No.: _________________. Authorized sale terms: [________________________________].

☐ Property conveyed to the representative for the estate's benefit. The instrument recorded at Book _____, Page _____, _________________ County Registry conveyed this real property to the personal representative for the benefit of the estate. The sale proceeds under N.C.G.S. § 28A-17-10 and the applicable judicial-sale procedure.

☐ Other authority reviewed by North Carolina counsel: _____________________________________________

ARTICLE III: CONVEYANCE

Section 3.1 Granting Clause

WITNESSETH, that the Grantor, in the representative capacity described above and not individually, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does GRANT, BARGAIN, SELL AND CONVEY unto the Grantee all the right, title, and interest of the Decedent and of the Estate in and to that certain lot or parcel of land situated in _________________ Township, _________________ County, North Carolina, and more particularly described as follows:

Section 3.2 Legal Description

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

Property Address: _____________________________________________

Parcel Identifier Number (PIN): _____________________________________________

Plat Reference (if applicable): Plat Book _____, Page _____, _________________ County Registry

Prior Deed Reference (Decedent's title): Book _____, Page _____, _________________ County Registry

ARTICLE IV: DEED COVENANTS

Section 4.1 Select One Covenant

TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple.

Select exactly one after title and authority review:

☐ No warranty. The Grantor conveys only the right, title, and interest authorized by the checked transaction route, without warranty of title, express or implied.

☐ Limited warranty stated by this instrument. The Grantor covenants, solely in the representative capacity, that the Grantor has done nothing to impair the title during the Grantor's administration and will warrant and defend title only against lawful claims arising by, through, or under the Grantor in that capacity, but not otherwise.

Section 4.2 Limitation of Warranty

NOTICE: This deed does not state a general warranty. Its covenants are limited to the option selected above.

ARTICLE V: EXCEPTIONS AND RESERVATIONS

Section 5.1 Subject To

This conveyance is made subject to:

(a) Ad valorem taxes for the current year and subsequent years;

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

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

(d) All matters which would be disclosed by an accurate survey of the property;

(e) Rights of parties in possession;

(f) The following specific exceptions identified by title review or by the controlling order:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE VI: EXCISE TAX

Section 6.1 North Carolina Excise Tax (N.C.G.S. §§ 105-228.28 through 105-228.30)

Excise Tax Rate: $1.00 per $500.00 or fractional part of the consideration or value of the interest conveyed

Consideration: $_____________________

Excise Tax Due: $_____________________

☐ Taxable conveyance. Grantor, as transferor, will pay the tax to the proper register of deeds before recording under § 105-228.30.

☐ Excluded transfer under § 105-228.29. Applicable subdivision and facts: [________________________________].

☐ Governmental-unit or instrumentality exclusion under § 105-228.28. Basis: [________________________________].

ARTICLE VII: EXECUTION

Section 7.1 Execution by Personal Representative

IN WITNESS WHEREOF, the Grantor has hereunto set the Grantor's hand and seal, in the representative capacity, the day and year first above written.

GRANTOR (in representative capacity only):

_____________________________________________ (SEAL)
Signature

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

ARTICLE VIII: ACKNOWLEDGMENT

Section 8.1 North Carolina Acknowledgment

STATE OF NORTH CAROLINA
COUNTY OF _________________

I, _________________________, a Notary Public, certify that _________________________ personally appeared before me this day and acknowledged the due execution of the foregoing instrument.

WITNESS my hand and notarial seal, this the _____ day of _________________, 20_____.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 8.2 Out-of-State Acknowledgment

If the acknowledgment is performed outside North Carolina, replace this section with the current certificate permitted by the law of the place where the acknowledgment occurs. Do not assume the North Carolina form is sufficient without review.

EXHIBITS

EXHIBIT A — LEGAL DESCRIPTION

Legal Description of Property:

Lying and being in _________________ Township, _________________ County, North Carolina, and being more particularly described as follows:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Parcel Identifier Number (PIN): _____________________________________________

NORTH CAROLINA AUTHORITY AND RECORDING CHECKLIST

• ☐ The representative's name and exact capacity match the current Letters and estate file.
• ☐ The authority choice in Article II matches the will, clerk's order, prior conveyance, and transaction route.
• ☐ Any express limitation in the will or court order was applied before relying on N.C.G.S. § 28A-13-3.
• ☐ Any joint-personal-representative requirement identified by N.C.G.S. § 28A-13-3(a) was reviewed and satisfied.
• ☐ For a sale under authority given by will, the will provision and any directions governing public/private sale or terms were reviewed under §§ 28A-15-1(c) and 28A-17-8.
• ☐ For a special-proceeding sale, the petition, order, and applicable Article 29A judicial-sale steps identified by §§ 28A-17-1 and 28A-17-7 were completed.
• ☐ For a § 28A-17-10 sale, the prior instrument actually conveyed the real property to the personal representative for the estate's benefit, and the applicable judicial-sale steps were completed.
• ☐ Exhibit A contains the complete legal description and matches current title evidence.
• ☐ Every exception and reservation is specifically described or identified by recording reference.
• ☐ The selected deed covenant matches the approved contract and controlling sale authority.
• ☐ The acknowledgment or proof satisfies N.C.G.S. §§ 47-1, 47-17, and 47-38.
• ☐ The excise-tax classification and amount were reviewed under §§ 105-228.28 through 105-228.30.
• ☐ The paper format complies with N.C.G.S. § 161-14(b), or current county electronic-recording requirements were confirmed.
• ☐ The Deed will be registered in each county required by N.C.G.S. § 47-18.
• ☐ County-specific indexing fields, parcel identifiers, fees, and return instructions were confirmed.

Official Sources

• N.C.G.S. § 28A-13-3 — Powers of a personal representative
• N.C.G.S. § 28A-15-1 — Assets of the estate generally
• N.C.G.S. § 28A-17-1 — Sales of real property
• N.C.G.S. § 28A-17-7 — Sale order and procedure
• N.C.G.S. § 28A-17-8 — Sales under power in will
• N.C.G.S. § 28A-17-10 — Property conveyed to representative for estate
• N.C.G.S. § 47-1 — Officials authorized to take probate
• N.C.G.S. § 47-17 — Acknowledgment or proof before registration
• N.C.G.S. § 47-18 — Recording priority
• N.C.G.S. § 47-38 — Acknowledgment by grantor
• N.C.G.S. § 105-228.28 — Scope of excise tax
• N.C.G.S. § 105-228.29 — Excluded transfers
• N.C.G.S. § 105-228.30 — Tax rate and transferor payment
• N.C.G.S. § 161-14 — Recording format

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