Executor's / Personal Representative's Deed (Bargain and Sale with Covenants Against Grantor's Acts) - New Jersey

EXECUTOR'S / PERSONAL REPRESENTATIVE'S DEED

(New Jersey Bargain and Sale Deed with Covenants Against Grantor's Acts)

State of New Jersey

Recording Requested By:
_____________________________________________

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Block: _______ Lot: _______

SPACE ABOVE THIS LINE FOR COUNTY CLERK'S USE

DOCUMENT INFORMATION

EXECUTOR'S / PERSONAL REPRESENTATIVE'S DEED

THIS DEED is made on _________________, 20_____.

ARTICLE I: PARTIES

Section 1.1 Grantor (Fiduciary)

BETWEEN:

_____________________________________________
(Name of Fiduciary)

acting solely in the representative capacity as:

☐ Executor of the Last Will and Testament of _________________________ ("Decedent")
☐ Administrator of the Estate of _________________________ ("Decedent")
☐ Administrator C.T.A. / Substituted Administrator of the Estate of _________________________ ("Decedent")

whose address is _____________________________________________

referred to as the "Grantor".

Section 1.2 Grantee(s)

AND:

_____________________________________________
(Name)

whose address is _____________________________________________

Vesting:
☐ Single
☐ Married
☐ As tenants by the entirety (married couples)
☐ As joint tenants with right of survivorship
☐ As tenants in common
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

referred to as the "Grantee".

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 and Letters were issued by the Surrogate of _________________ County (or the Superior Court of New Jersey), and such Letters remain in full force and effect and have not been revoked, suspended, or surrendered.

Section 2.2 Authority to Convey

The Grantor makes this conveyance pursuant to the fiduciary's power of sale of real property under N.J.S.A. 3B:14-23(e)(2) and the power to execute and deliver deeds under N.J.S.A. 3B:14-23(q). Section 3B:14-23 makes its default powers subject to contrary or limiting provisions and makes subsection (e) inapplicable where the property or an interest in it is specifically disposed of. Counsel must establish the controlling route below:

☐ A power of sale granted in Article _____ of the Decedent's Last Will and Testament admitted to probate on [__/__/____];

☐ The statutory fiduciary power of sale under N.J.S.A. 3B:14-23(e)(2): no contrary or limiting provision appears in the appointing judgment or order, will, deed, other instrument, or subsequent judgment or order; the property or interest is not specifically disposed of; and the fiduciary has exercised good faith and reasonable discretion;

☐ An order or judgment of the Superior Court of New Jersey authorizing this conveyance, entered [__/__/____], Docket No. _________________;

☐ Other authority: _____________________________________________

ARTICLE III: CONVEYANCE

Section 3.1 Consideration

The Grantor received from the Grantee: $_____________________ (____________________ Dollars).

Section 3.2 Granting Clause

The Grantor, in the representative capacity described above and not individually, for the consideration stated, GRANTS AND CONVEYS (bargains and sells) to the Grantee all the right, title, and interest of the Decedent and of the Estate in and to the real property described below, together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof.

Section 3.3 Legal Description

The property in the ☐ Township ☐ Borough ☐ City of _________________, County of _________________, State of New Jersey.

See Schedule "A" attached hereto and made a part hereof.

Being commonly known as: _____________________________________________

Block: _______ Lot: _______

Being the same premises conveyed to the Decedent by deed from _________________________ dated _________________, recorded in the _________________ County Clerk's Office in Deed Book _______, Page _______.

ARTICLE IV: COVENANTS AGAINST GRANTOR'S ACTS (LIMITED / FIDUCIARY WARRANTY)

Section 4.1 Limited Fiduciary Covenant

The Grantor covenants, solely in the representative capacity and not individually, that the Grantor has not done or suffered to be done anything during the Grantor's administration of the Estate whereby the said premises have been or will be encumbered in any way whatever, except as set forth herein.

Section 4.2 Effect of Covenant

This Bargain and Sale Deed with Covenants Against Grantor's Acts (New Jersey's form of a special/limited warranty deed) warrants ONLY against the acts of the Grantor as fiduciary. The Grantor:

(a) makes NO covenant of seisin, right to convey, or general warranty;

(b) conveys only such title as the Decedent held at death and as the Estate is empowered to convey; and

(c) binds the Grantor only in the representative capacity, with no personal liability of the individual serving as fiduciary (N.J.S.A. 3B:14-23 et seq.).

Section 4.3 Limitation of Warranty

NOTICE: This is an EXECUTOR'S / PERSONAL REPRESENTATIVE'S DEED containing only a covenant against the Grantor's acts. It does NOT warrant against: defects in title existing prior to or independent of the Estate's administration; liens or encumbrances created by the Decedent or prior owners; or claims of persons not claiming by, through, or under the Grantor in the Grantor's fiduciary capacity.

ARTICLE V: EXCEPTIONS AND RESERVATIONS

Section 5.1 Subject To

This conveyance is made subject to:

(a) Real property taxes for the current year and subsequent years;

(b) All applicable zoning, land use, and building regulations;

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

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

(e) Rights of parties in possession;

(f) Claims of creditors of the Estate and rights, if any, reserved to the Surrogate's Court / Superior Court;

(g) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE VI: REALTY TRANSFER FEE (RTF)

Section 6.1 New Jersey Realty Transfer Fee (N.J.S.A. 46:15-5 et seq.; rates under N.J.S.A. 46:15-7)

The Realty Transfer Fee is computed based on the consideration stated in this deed. New Jersey uses different standard rate schedules depending on whether total consideration is $350,000 or less or exceeds $350,000.

Consideration: $_____________________

Standard RTF Rates — total consideration not exceeding $350,000:

• $2.00 per $500 not in excess of $150,000
• $3.35 per $500 in excess of $150,000 but not in excess of $200,000
• $3.90 per $500 in excess of $200,000 but not in excess of $350,000

Standard RTF Rates — total consideration exceeding $350,000:

• $2.90 per $500 not in excess of $150,000
• $4.25 per $500 in excess of $150,000 but not in excess of $200,000
• $4.80 per $500 in excess of $200,000 but not in excess of $550,000
• $5.30 per $500 in excess of $550,000 but not in excess of $850,000
• $5.80 per $500 in excess of $850,000 but not in excess of $1,000,000
• $6.05 per $500 in excess of $1,000,000

RTF Due: $_____________________

Section 6.2 Graduated Percent Fee (GPF) — Effective July 10, 2025 (N.J.S.A. 46:15-7.2; P.L. 2025, c. 69)

For consideration over $1,000,000, the seller pays the GPF when the conveyed land is Class 2 residential; qualifying Class 3A farm property with a residential building or structure; Class 4A commercial property other than industrial or apartment property; or a qualifying Class 4C cooperative unit. Exemptions may apply. Each percentage below applies to the total consideration, not merely the amount within the listed band.

☐ GPF Applicable — Amount: $_____________________

Official current fee guidance: https://www.nj.gov/treasury/taxation/realty.shtml

Section 6.3 RTF Exemptions

☐ This transfer is exempt from RTF. Exemption reason:
_____________________________________________

ARTICLE VII: AFFIDAVIT OF CONSIDERATION

Section 7.1 Certification

The undersigned Grantor (fiduciary), being duly sworn according to law upon oath, deposes and says that the consideration set forth in this deed is the actual amount of the full and complete consideration paid or to be paid for the property described herein.

Amount of Consideration: $_____________________

_____________________________________________
Grantor (Fiduciary) Signature

Sworn to and subscribed before me this _____ day of _________________, 20_____.

_____________________________________________
Officer Authorized to Administer Oaths

ARTICLE VIII: EXECUTION

Section 8.1 Execution by Fiduciary

WITNESS:

_____________________________________________
Witness Signature

_____________________________________________
Witness Printed Name

GRANTOR (in representative capacity only):

_____________________________________________
Signature

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

Date: _____________________________________________

ARTICLE IX: ACKNOWLEDGMENT (REPRESENTATIVE CAPACITY)

Section 9.1 New Jersey Acknowledgment

STATE OF NEW JERSEY
COUNTY OF _________________

I CERTIFY that on _________________, 20_____, _____________________________________________

personally came before me, and this person acknowledged under oath, to my satisfaction, that:

(a) this person is the Executor / Administrator (personal representative) named in the attached instrument and the grantor therein;
(b) this person is the same person who signed the attached instrument in that representative capacity; and
(c) this person signed, sealed, and delivered the attached instrument as the act and deed of the Estate of the Decedent.

_____________________________________________
Notary Public of New Jersey / Attorney at Law of New Jersey

_____________________________________________
Printed Name

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 9.2 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

I CERTIFY that on _________________, 20_____, _____________________________________________

personally came before me, and this person acknowledged under oath, to my satisfaction, that this person is the personal representative of the Estate of _________________________ and signed, sealed, and delivered the attached instrument in that representative capacity as the act and deed of the Estate.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

SCHEDULE A — LEGAL DESCRIPTION

Legal Description of Property:

The land in the ☐ Township ☐ Borough ☐ City of _________________, County of _________________, State of New Jersey:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Block: _______ Lot: _______

NEW JERSEY RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Recording Fees

Important New Jersey Notes

1. Fiduciary Power of Sale: N.J.S.A. 3B:14-23(e)(2) is a default power subject to the section's contrary-or-limiting-provision gate and the subsection's specifically-disposed-property exception. Review the appointing judgment or order, will, deed, other controlling instrument, and later orders before relying on it.

2. Letters Required: A certified copy of the Letters Testamentary / of Administration, dated within the period required by the title insurer, is customarily recorded with or referenced in the deed to evidence the fiduciary's authority.

3. Representative Capacity: The fiduciary signs and acknowledges only in the representative capacity; no personal warranty is given.

4. RTF / GPF: Determine before recording whether the conveyance is a taxable sale or an exempt distribution. Effective July 10, 2025, the Graduated Percent Fee is imposed on the seller for covered property classes when consideration exceeds $1 million; verify the property classification and any exemption before calculating it.

5. Title Insurance and Legal Counsel: Grantees should obtain title insurance; consultation with a licensed New Jersey attorney is recommended.

THIS DEED WAS PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone

_____________________________________________
New Jersey Bar ID (if attorney)

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