Personal Representative's Deed - Nebraska

PERSONAL REPRESENTATIVE'S DEED

State of Nebraska

Recording Requested By:
_____________________________________________

When Recorded Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Property Address:
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE (Minimum 3 inches x 8.5 inches required per Neb. Rev. Stat. 23-1503.01)

DOCUMENT INFORMATION

DOCUMENTARY STAMP TAX STATEMENT

Documentary Stamp Tax Due: $_______________

(Rate for transfers from July 18, 2026 through December 31, 2031: $3.32 per $1,000 of value or fraction thereof; $2.32 on and after January 1, 2032. Confirm the rate on the transfer date.)

Purchase Price / Value: $_______________

☐ Documentary Stamp Tax is paid herewith (sale to a purchaser).

☐ This transfer is EXEMPT as a deed of distribution executed by a personal representative conveying to devisees or heirs property passing by testate or intestate succession (Neb. Rev. Stat. § 76-902(11)). Exemption noted on the face of this deed.

☐ This transfer is EXEMPT for the following other reason under § 76-902:
_____________________________________________

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 (Fiduciary)

Name: _____________________________________________

as Personal Representative ☐ Executor ☐ Administrator ☐ Administrator with Will Annexed
of the Estate of _____________________________________________, Deceased.

Mailing Address:
_____________________________________________
_____________________________________________

Appointment Recital:

Letters ☐ Testamentary ☐ of Administration were issued to the Grantor on [__/__/____] by the County Court of _________________ County, Nebraska, in Case 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(s): _____________________________________________

Mailing Address:
_____________________________________________
_____________________________________________

Vesting:
☐ A single person
☐ A married person dealing with his/her sole and separate property
☐ Husband and wife, as joint tenants with right of survivorship
☐ 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: AUTHORITY FOR CONVEYANCE

Section 2.1 Source of Authority

The Grantor executes and delivers this Deed in the Grantor's fiduciary capacity, and not individually, pursuant to the following authority (check all that apply):

☐ Statutory authority under Neb. Rev. Stat. § 30-2476 (transactions authorized for personal representatives), which authorizes the Personal Representative to acquire or dispose of estate assets, including land, and to execute and deliver a deed of conveyance, acting reasonably for the benefit of the interested persons, without a court order.

☐ Power over title under Neb. Rev. Stat. § 30-2472, the Personal Representative having the same power over the title to estate property that an absolute owner would have, in trust however, for the benefit of creditors and others interested in the estate.

☐ Power of sale contained in the Will of the Decedent, admitted to probate in the above Estate.

☐ Order of the County Court authorizing or confirming the sale of the real property described herein, entered on [__/__/____] in the above Case (formal/supervised administration).

☐ Deed of distribution to the heirs or devisees entitled to the property by testate or intestate succession (Neb. Rev. Stat. § 30-24,101).

Section 2.2 Statutory Basis

This conveyance is made pursuant to and in accordance with:

• Neb. Rev. Stat. § 30-2476 (Transactions authorized for personal representatives)
• Neb. Rev. Stat. § 30-2472 (Powers and duties; power over title)
• Neb. Rev. Stat. § 30-2475 (Protection of persons dealing with personal representative)
• Neb. Rev. Stat. §§ 76-205, 76-206 (Construction of conveyances; covenant for title)

ARTICLE III: CONVEYANCE

Section 3.1 Consideration

For the consideration of $_____________________ (____________________ Dollars) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.

Section 3.2 Granting Clause

The Grantor, in the Grantor's capacity as Personal Representative of the above Estate and not individually, by virtue of the authority recited in Article II, hereby GRANTS, BARGAINS, SELLS, AND CONVEYS to the Grantee, and Grantee's heirs and assigns forever, all of 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 Nebraska, described as follows:

Section 3.3 Legal Description

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

also known by street and number as: _____________________________________________

Parcel ID/Tax Lot: _____________________________________________

ARTICLE IV: LIMITED FIDUCIARY WARRANTY

Section 4.1 Covenant of Lawful Authority — Not a Warranty of Title

The Grantor covenants that the Grantor has lawful power and authority to convey the real property described herein in the Grantor's fiduciary capacity. As provided in Neb. Rev. Stat. § 30-2476, the covenant of a personal representative's deed of lawful power and authority to convey real property is NOT a warranty of title and contains no implication of warranty.

Section 4.2 Limited Warranty Against Grantor's Own Acts; No Personal Liability

To the extent any warranty is given, the Grantor warrants and will defend the title only against the lawful claims of all persons claiming by, through, or under the Grantor in the Grantor's fiduciary capacity, but against none other. This Deed is executed solely in the representative capacity; the Grantor makes NO covenants or warranties, express or implied, in the Grantor's individual capacity, and shall have no personal liability hereunder. The Grantee takes title subject to all matters of record and of fact affecting the Decedent's title.

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, liens, and encumbrances against the Estate and the Decedent's title;

(g) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE VI: ADDITIONAL PROVISIONS

Section 6.1 Real Estate Transfer Statement

☐ Nebraska Real Estate Transfer Statement (Form 521) is attached hereto and filed with the Register of Deeds.

Section 6.2 Documentary Stamp Tax Treatment

☐ Sale to a purchaser — documentary stamp tax paid (see Documentary Stamp Tax Statement above).
☐ Deed of distribution to heirs/devisees — exempt under Neb. Rev. Stat. § 76-902(11).

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 on the date first written above.

GRANTOR:

_____________________________________________
Signature (Black or Dark Blue Ink)

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

Date: _____________________________________________

ARTICLE VIII: ACKNOWLEDGMENT

Section 8.1 Nebraska Acknowledgment (Representative Capacity)

STATE OF NEBRASKA
COUNTY OF _________________

On this _____ day of _________________, 20_____, before me, a Notary Public in and for said County, personally appeared _________________________, to me known (or proved to me on the basis of satisfactory evidence), who being by me duly sworn did say that he/she is the Personal Representative (☐ Executor ☐ Administrator) of the Estate of _________________________, Deceased, and acknowledged the execution of the foregoing instrument in such fiduciary capacity to be his/her voluntary act and deed and the act and deed of said Personal Representative.

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

_____________________________________________
Notary Public

[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 _________________________ as Personal Representative of the Estate of _________________________, Deceased, and acknowledged the execution thereof in such fiduciary capacity.

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

_____________________________________________
Notary Public

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

County of _________________, State of Nebraska

NEBRASKA RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Document Format Requirements (Neb. Rev. Stat. 23-1503.01)

• Top Margin: Minimum 3 inches by 8.5 inches blank space for recording information
• Side/Bottom Margins: Minimum 1 inch on vertical sides and bottom
• Paper Size: Minimum 8.5" x 11", maximum 8.5" x 14"
• Font Size: Minimum 8-point
• Ink: Black ink on white background; signatures in black or dark blue ink

Documentary Stamp Tax

Required Accompanying Documents

1. Real Estate Transfer Statement (Form 521) — Required for all property transfers
2. Documentary Stamp Tax Payment — Unless exempt; exemption must be stated on the face of the deed
3. Certified copy of Letters — To evidence the Personal Representative's authority

Important Legal Notes

1. No Court Order Generally Required: Under the Uniform Probate Code as adopted in Nebraska, a Personal Representative may sell and convey estate real property without a court order (Neb. Rev. Stat. § 30-2476), holding the same power over title as an absolute owner, in trust (§ 30-2472), unless restricted by the will or by an order in a formal proceeding. Persons dealing with the Personal Representative are protected (§ 30-2475).

2. No Implied Warranty of Title: The covenant of lawful authority in a personal representative's deed is NOT a warranty of title (§ 30-2476).

3. Fiduciary Capacity: The Grantor signs and is acknowledged solely in the representative capacity; no individual warranties are made.

4. Title Insurance: Grantees should obtain title insurance given the limited fiduciary warranty.

5. Legal Counsel: Consultation with a licensed Nebraska attorney is recommended.

PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone/Email

Sources and References

• Neb. Rev. Stat. § 30-2476 — Transactions authorized for personal representatives; exceptions
• Neb. Rev. Stat. § 30-2472 — Powers and duties; power over title in trust
• Neb. Rev. Stat. § 30-2475 — Protection of persons dealing with personal representative
• Neb. Rev. Stat. §§ 76-205, 76-206 — Construction of conveyances; covenant for title
• Neb. Rev. Stat. § 23-1503.01 — Recording / document format requirements
• Neb. Rev. Stat. §§ 76-901, 76-902 — Documentary stamp tax and exemptions (deeds of distribution)

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