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 (Reserve at least 3 inches; otherwise the recorder adds a page and charges for it under 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)

The undersigned grantee or grantee's authorized agent certifies on the face of this deed (select one):

☐ The full consideration actually paid for the property conveyed is $________________.

☐ The transaction falls within N.D.C.C. § 11-18-02.2(6), subdivision [____], whose exact statutory description is: [________________________________]. An estate distribution is not itself the subsection (6)(d) sale exemption.

Grantee or authorized agent signature: ______________________________ Date: [__/__/____]

Printed name and capacity, if agent: [________________________________]

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):
_____________________________________________
_____________________________________________

Street Address, if known or existing and within a city:
_____________________________________________

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 remain in effect. Any restriction on authority or current order affecting this transfer is: [NONE OR IDENTIFY].

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, until the appointment terminates. N.D.C.C. § 30.1-18-15 (3-715) permits a representative acting reasonably for interested persons to dispose of land at public or private sale, subject to the will, an order in a formal proceeding, and statutory priorities. Under N.D.C.C. § 30.1-18-04 (3-704), administration and distribution generally proceed without a court order except as specified or ordered for supervised administration.

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 actual full consideration certified on the face of this deed, if any, the Grantor, in the representative capacity described above and not individually, hereby 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. Where made in kind to a distributee, this deed 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 the limited express warranty above. The Grantor gives no general title warranty. Signing in a representative capacity does not erase any fiduciary duty or liability that applicable law may impose for improper estate administration.

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) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE VI: ADDITIONAL PROVISIONS

Section 6.1 County-Auditor Presentation

☐ This personal representative's deed was presented to the county auditor before recording under N.D.C.C. § 11-18-03(3). The section permits recording without the auditor's certificate otherwise described in § 11-18-02.

Section 6.2 Other Charges

Confirm any tax or other charge applicable to this transfer with the county recorder. Present this deed to the county auditor before recording under N.D.C.C. § 11-18-03(3).

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.

My commission expires: _____________________________________________

_____________________________________________
Notary Public, State of North Dakota

[NOTARIAL STAMP — AFFIX HERE]

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.

My commission expires (if required by the place of notarization): ______________________

_____________________________________________
Notary Public

[NOTARIAL STAMP OR SEAL, IF REQUIRED BY THE PLACE OF NOTARIZATION]

EXHIBITS

EXHIBIT A — LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

County of _________________, State of North Dakota

LEGAL-DESCRIPTION DRAFTER STATEMENT (N.D.C.C. § 47-19-03.1)

For a deed executed and acknowledged in North Dakota on or after January 1, 2000, with a metes-and-bounds legal description, complete one (N.D.C.C. § 47-19-03.1(3) excludes an instrument executed or acknowledged outside North Dakota):

☐ The legal description was prepared by [INDIVIDUAL NAME], [ADDRESS].

☐ The legal description was obtained from previously recorded instrument [DOCUMENT NUMBER OR BOOK AND PAGE].

NORTH DAKOTA RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

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

• Recorder's Top Space: Reserve at least 3 inches across the first page; otherwise the recorder adds a page and charges for it
• Recording-Label Margin: At least 1 inch on the top, bottom, or side of each page (or a $10.00 nonconforming 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)

Other Charges

Confirm any tax or other charge applicable to this transfer with the county recorder before presenting the deed.

Important Legal Notes

1. Court Order: N.D.C.C. § 30.1-18-04 generally allows unsupervised administration without an order. Confirm any will restriction, formal-proceeding order, or supervised-administration requirement before conveying.

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 Presentation: N.D.C.C. § 11-18-03(3) requires presenting this deed to the auditor before recording but allows it to be recorded without the § 11-18-02 certificate.

4. Personal information: Do not insert a Social Security number in this deed.

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.