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

ADMINISTRATOR'S / EXECUTOR'S DEED

(Personal Representative's Deed)

State of New Hampshire

Recording Requested By:
_____________________________________________

When Recorded Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Property Address:
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE

DOCUMENT INFORMATION

REAL ESTATE TRANSFER TAX DECLARATION

Declaration of Consideration (Required)

The total dollar amount of the actual sale price is: $_______________

☐ Real Estate Transfer Tax has been paid (sale to a purchaser — contractual transfer, RSA 78-B:1).

• Grantor's Tax (0.75%): $_______________
• Grantee's Tax (0.75%): $_______________
• Total Transfer Tax (1.5%): $_______________

☐ This transfer is EXEMPT from Real Estate Transfer Tax as a transfer by devise (real property passing per the terms of the will) under RSA 78-B:2.

☐ This transfer is EXEMPT for the following other reason under RSA 78-B:2:
_____________________________________________

ADMINISTRATOR'S / EXECUTOR'S DEED

KNOW ALL PERSONS BY THESE PRESENTS:

This Administrator's / Executor's Deed is made and entered into this _____ day of _________________, 20_____.

ARTICLE I: PARTIES

Section 1.1 Grantor (Fiduciary)

Name: _____________________________________________

as ☐ Executor ☐ Administrator ☐ Administrator with the Will Annexed (collectively "Administrator" per RSA 553:1)
of the Estate of _____________________________________________, late of _________________, Deceased.

Mailing Address:
_____________________________________________
_____________________________________________

Appointment Recital:

The Grantor was appointed and qualified as ☐ Executor ☐ Administrator of the above Estate by the Circuit Court of the State of New Hampshire, _________________ Probate Division (_________________ County), in Docket No. _________________, with Certificate of Appointment / Letters issued on [__/__/____], and the Grantor's appointment remains in full force and effect and unrevoked as of the date hereof.

Section 1.2 Grantee(s)

Name(s): _____________________________________________

Mailing Address:
_____________________________________________
_____________________________________________

Vesting (Per RSA 477:18, co-ownership is tenancy in common unless otherwise specified):
☐ A single person
☐ 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):

☐ License to sell real estate granted by the Circuit Court Probate Division under RSA 559:1 on [__/__/____] in the above Docket, it having appeared that the personal estate was insufficient for the payment of the debts of the Decedent, charges of administration, legacies, or for the maintenance and support of the family of the Decedent.

☐ Power of sale contained in the Will of the Decedent, admitted to probate in the above Estate, authorizing the Executor to sell and convey the real estate described herein without a license.

☐ Transfer by devise — distribution of the real estate to the devisee(s) entitled thereto under the terms of the Will.

Section 2.2 Statutory Basis

This conveyance is made pursuant to and in accordance with:

• RSA 559:1 (License to Sell Real Estate; when license granted)
• RSA 559:15 (Affidavit and account after licensed sale)
• RSA Chapter 553 (Executors and Administrators)
• RSA Chapter 477 / 478 (Conveyances; recording)

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 ☐ Executor ☐ Administrator 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 Town/City of _________________, County of _________________, State of New Hampshire, described as follows:

Section 3.3 Legal Description

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

Prior Deed Reference (for chain of title):
Being the same premises conveyed to the Decedent by deed of _________________________ dated _________________, 20_____, and recorded in the _________________ County Registry of Deeds at Book _______, Page _______.

also known by street and number as: _____________________________________________

Tax Map _______, Lot _______

ARTICLE IV: LIMITED FIDUCIARY WARRANTY

Section 4.1 Special (Limited) Warranty in Representative Capacity

The Grantor covenants with the Grantee that the Grantor has not done, suffered, or permitted any act or thing whereby the premises hereby conveyed are or may be charged or encumbered in title, and that the Grantor WARRANTS AND WILL DEFEND the title to said premises only against the lawful claims and demands of all persons claiming by, through, or under the Grantor in the Grantor's fiduciary capacity, but against none other. This is a limited (special) warranty conveyance and is more limited than a warranty deed under RSA 477:27.

Section 4.2 No Personal Liability

This Deed is executed by the Grantor solely in the Grantor's representative capacity as ☐ Executor ☐ Administrator of the Estate. 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 Required Tax Filings

☐ Form CD-57-S (Declaration of Consideration — Grantor) and Form CD-57-P (Declaration of Consideration — Grantee) will be filed with the NH Department of Revenue Administration (for taxable sales).
☐ Form PA-34 (Inventory of Property Transfer) will be filed with the Department of Revenue Administration within 30 days of recording, with a copy to the local assessing official (RSA 74:18).

Section 6.2 Post-Sale Filing (Licensed Sales)

☐ Upon a sale by license, the Grantor will file an affidavit and account with the Circuit Court Probate Division as required by RSA 559:15.

ARTICLE VII: EXECUTION

Section 7.1 Grantor's Signature (Representative Capacity)

IN WITNESS WHEREOF, the Grantor has executed this Administrator's / Executor's Deed in the Grantor's fiduciary capacity on the date first written above.

GRANTOR:

_____________________________________________
Signature

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

Date: _____________________________________________

ARTICLE VIII: ACKNOWLEDGMENT

Section 8.1 New Hampshire Acknowledgment (Representative Capacity)

STATE OF NEW HAMPSHIRE
COUNTY OF _________________

On this _____ day of _________________, 20_____, before me, the undersigned Notary Public (or Justice of the Peace), personally appeared _________________________, known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is signed on the preceding or attached document as the ☐ Executor ☐ Administrator of the Estate of _________________________, Deceased, and acknowledged to me that he/she signed it voluntarily in such fiduciary capacity for its stated purpose.

_____________________________________________
Notary Public / Justice of the Peace, State of New Hampshire

My Commission Expires: _____________________________________________

[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 ☐ Executor ☐ Administrator of the Estate of _________________________, Deceased, known to me (or proved to me) to be the person whose name is subscribed to the within instrument, and acknowledged the execution thereof in such fiduciary capacity.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Town/City of _________________, County of _________________, State of New Hampshire

NEW HAMPSHIRE RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Recording Fees

Real Estate Transfer Tax (RSA 78-B)

Treatment for fiduciary conveyances:

• A sale by the estate to a third-party purchaser is a contractual transfer and IS taxable at 1.5% (split between Grantor and Grantee).
• A transfer by devise (distribution of real property per the terms of the will) is EXEMPT under RSA 78-B:2.

Required Tax Forms

1. Declaration of Consideration (CD-57-S / CD-57-P) — for taxable sales (RSA 78-B:1)
2. Form PA-34 (Inventory of Property Transfer) — filed with NH DRA within 30 days of recording, copy to local assessing official (RSA 74:18)

Important Legal Notes

1. License to Sell: To sell decedent's real estate where the personal estate is insufficient for debts, charges of administration, legacies, or family support, the fiduciary must obtain a license to sell from the Circuit Court Probate Division (RSA 559:1), unless the will confers a power of sale. Attach a certified copy of the license/decree. After a licensed sale, file an affidavit and account (RSA 559:15).

2. "Administrator" Terminology: Under RSA 553:1, "administrator" may refer generically to either an executor or an administrator.

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

4. County Recording: New Hampshire records documents at the county level through the Registry of Deeds.

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

6. Attorney Review: Examination of title and drafting of a deed constitute the practice of law. Consultation with a licensed New Hampshire attorney is strongly recommended.

PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone/Email

Sources and References

• RSA 559:1 — License to Sell Real Estate; when license granted
• RSA 559:15 — Affidavit and account after licensed sale
• RSA Chapter 553 — Executors and Administrators (RSA 553:1, "administrator" defined generically)
• RSA 477:18 — Co-ownership presumptions; RSA 477:27 — statutory warranty deed (for comparison)
• RSA Chapter 478 — Records and recording; Registers of Deeds
• RSA 78-B:1 / 78-B:2 — Real Estate Transfer Tax and exceptions (transfers by devise)
• RSA 74:18 — Inventory of Property Transfer (Form PA-34)

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