Personal Representative's Deed - North Dakota

PERSONAL REPRESENTATIVE'S DEED

State of North Dakota

Recording Requested By:
_____________________________________________

When Recorded Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Property Address:
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE (Minimum 3-inch top margin required per N.D.C.C. § 11-18-05(1)(a)(4))

DOCUMENT INFORMATION

STATEMENT OF FULL CONSIDERATION (Required per N.D.C.C. § 11-18-02.2)

☐ I certify that the full consideration paid for the property described in this deed is $________________.

☐ I certify that the transaction is exempt from the statement-of-consideration requirement under N.D.C.C. § 11-18-02.2 because:
☐ Sale resulting from the settlement of an estate
☐ Sale where grantor and grantee are of the same family or corporate affiliate
☐ Forced sale, mortgage foreclosure, or tax sale
☐ Other: _____________________________________________

PERSONAL REPRESENTATIVE'S DEED

KNOW ALL PERSONS BY THESE PRESENTS:

This Personal Representative's Deed is made and entered into this _____ day of _________________, 20_____.

ARTICLE I: PARTIES

Section 1.1 Grantor (Personal Representative)

Name of Personal Representative: _____________________________________________

acting solely in the representative capacity as the duly appointed and qualified Personal Representative of the Estate of _________________________, Deceased ("Decedent"), and not individually.

Mailing Address:
_____________________________________________
_____________________________________________

Section 1.2 Grantee(s) — Post Office Address Required per N.D.C.C. § 47-19-05

Name(s): _____________________________________________

Post Office Mailing Address (Required):
_____________________________________________
_____________________________________________

Vesting:
☐ A single person
☐ Husband and wife, as joint tenants with right of survivorship
☐ Husband and wife, as tenants in common
☐ 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: RECITALS — ESTATE AND FIDUCIARY AUTHORITY

Section 2.1 The Estate

The Grantor was duly appointed and qualified as the Personal Representative of the Estate of the Decedent, Letters of appointment were issued as set forth above, and such Letters remain in full force and effect and have not been revoked, terminated, or restricted.

Section 2.2 Authority to Convey

Pursuant to N.D.C.C. § 30.1-18-11 (3-711), a personal representative has the same power over the title to estate property that an absolute owner would have, in trust for the benefit of creditors and others interested in the estate. Pursuant to N.D.C.C. § 30.1-18-15 (3-715), the Personal Representative may, among other transactions, acquire or dispose of an asset, including land, for cash or on credit, at public or private sale. Under N.D.C.C. § 30.1-18-04 (3-704), the Personal Representative may proceed to administer and distribute the estate without adjudication, order, or direction of the court, except where the Probate Code requires otherwise.

The authority for this conveyance arises from (check all that apply):

☐ The statutory power of the Personal Representative under N.D.C.C. §§ 30.1-18-11 and 30.1-18-15 (sale of estate real property);

☐ A power of sale granted in the Decedent's Last Will and Testament, informally probated / formally admitted on [__/__/____];

☐ A deed of distribution in kind to a distributee under N.D.C.C. § 30.1-20-07 (3-907);

☐ An order of the District Court authorizing this conveyance, entered [__/__/____], Probate No. _________________;

☐ Other authority: _____________________________________________

ARTICLE III: CONVEYANCE

Section 3.1 Granting Clause

For the consideration of $_____________________ (____________________ Dollars) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor, in the representative capacity described above and not individually, hereby GRANTS, ASSIGNS, TRANSFERS, AND CONVEYS to the Grantee, and Grantee's heirs and assigns forever, all the right, title, and interest of the Decedent and of the Estate in and to the real property, together with any improvements thereon, situated in the County of _________________, State of North Dakota, described as follows:

Section 3.2 Legal Description

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

also known by street and number as: _____________________________________________

Parcel ID Number: _____________________________________________

ARTICLE IV: LIMITED / FIDUCIARY WARRANTY

Section 4.1 Special (Limited) Warranty by Fiduciary

The Grantor, solely in the representative capacity and not individually, warrants and will defend the title to the property against the lawful claims and demands of all persons claiming by, through, or under the Grantor in the Grantor's capacity as Personal Representative, but against none other. This deed conveys only such title as the Decedent held at death and as the Estate is empowered to convey, and, where made in kind to a distributee, serves under N.D.C.C. § 30.1-20-07 (3-907) as evidence of the distributee's title.

Section 4.2 Limitation of Warranty

NOTICE: This is a PERSONAL REPRESENTATIVE'S DEED with limited (special) warranty. The Grantor makes NO general warranty and does NOT warrant against defects, liens, encumbrances, or claims arising prior to or independent of the Estate's administration, nor against claims of persons not claiming through the Grantor in the fiduciary capacity. The individual serving as Personal Representative incurs no personal liability by executing this deed in the representative capacity.

ARTICLE V: EXCEPTIONS AND RESERVATIONS

Section 5.1 Subject To

This conveyance is made subject to:

(a) General taxes and assessments for the year 20_____ and subsequent years, not yet due and payable;

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

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

(d) All matters disclosed by an accurate survey and physical inspection of the property;

(e) Rights of parties in possession;

(f) Claims of creditors of the Estate and the priorities stated in N.D.C.C. § 30.1-20-02;

(g) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE VI: ADDITIONAL PROVISIONS

Section 6.1 Tax Clearance

☐ The applicable county-auditor certificate or statutory alternative under NDCC 11-18-02 has been completed.

Section 6.2 Transfer Tax

North Dakota does not impose a state real estate transfer tax. Recording fees are charged per document; follow the applicable county-auditor certificate route in NDCC 11-18-02 rather than assuming every route requires the same tax-payment showing.

ARTICLE VII: EXECUTION

Section 7.1 Execution by Personal Representative

IN WITNESS WHEREOF, the Grantor has executed this Personal Representative's Deed, solely in the representative capacity, on the date first written above.

GRANTOR (Personal Representative):

_____________________________________________
Signature

_____________________________________________
Printed Name, as Personal Representative of the Estate of _________________________

Date: _____________________________________________

ARTICLE VIII: ACKNOWLEDGMENT (REPRESENTATIVE CAPACITY)

Section 8.1 North Dakota Acknowledgment

STATE OF NORTH DAKOTA
COUNTY OF _________________

On this _____ day of _________________, 20_____, before me, a Notary Public in and for said County and State, personally appeared _________________________, known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as Personal Representative of the Estate of _________________________, and acknowledged to me that he/she executed the same in that authorized representative capacity as the act of said Estate.

☐ Witness my hand and official seal.
☐ My commission expires: _____________________________________________

_____________________________________________
Notary Public, State of North Dakota

[NOTARIAL SEAL]

Section 8.2 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

On this _____ day of _________________, 20_____, before me, a Notary Public, personally appeared _________________________, known to me (or proved to me) to be the person whose name is subscribed to the within instrument as Personal Representative of the Estate of _________________________, and acknowledged the same in that representative capacity.

☐ Witness my hand and official seal.
☐ My commission expires: _____________________________________________

_____________________________________________
Notary Public

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A — LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

County of _________________, State of North Dakota

DRAFTER INFORMATION (Required for metes-and-bounds descriptions dated 1-1-2000 or after)

Name of Drafter: _____________________________________________

Address of Drafter: _____________________________________________

NORTH DAKOTA RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Document Format Requirements (N.D.C.C. § 11-18-05(1)(a))

• Top Margin (first page): Minimum 3 inches for the recorder's use
• Side Margin: Minimum 1 inch on the top, bottom, or side of each page (or $10.00 non-conforming margin fee)
• Font Size: Minimum 10-point Calibri (or equivalent) unless a government-issued form
• Paper Size: 8.5" x 14" or smaller

Recording Fees (N.D.C.C. § 11-18-05)

Transfer Tax

North Dakota imposes no state real estate transfer tax.

Important Legal Notes

1. No Court Order Generally Required: Under N.D.C.C. § 30.1-18-04 (3-704), the Personal Representative may sell and convey estate real property without a court order, except where the Probate Code or the will requires otherwise. A formal-proceeding order or a will power of sale removes any doubt as to authority.

2. Deed of Distribution vs. Sale Deed: Use the "deed of distribution" recital (N.D.C.C. § 30.1-20-07) when conveying in kind to a distributee; use the sale recital (N.D.C.C. § 30.1-18-15) when conveying to a third-party purchaser for value.

3. County-Auditor Certificate: Follow the applicable route in NDCC 11-18-02, including its stated tax-paid, tax-sale-paid, or record-without-regard-to-taxes alternatives.

4. Social Security Numbers: Must be redacted from all documents submitted for recording.

5. Title Insurance and Legal Counsel: Grantees should obtain title insurance given the limited warranty nature of this deed; consultation with a licensed North Dakota attorney is recommended.

PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone/Email

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