Fiduciary Deed (Executor's / Administrator's / Personal Representative's Deed) - Ohio

FIDUCIARY DEED

(Executor's / Administrator's / Personal Representative's Deed — O.R.C. § 5302.09)

State of Ohio

Instrument Prepared By:
_____________________________________________
_____________________________________________
_____________________________________________

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Tax Mailing Address:
_____________________________________________
_____________________________________________
_____________________________________________

3" TOP MARGIN REQUIRED FOR RECORDER'S USE

DOCUMENT INFORMATION

FIDUCIARY DEED

KNOW ALL MEN BY THESE PRESENTS:

This Fiduciary Deed is made this _____ day of _________________, 20_____.

ARTICLE I: PARTIES

Section 1.1 Grantor (Fiduciary)

Name of Fiduciary: _____________________________________________

acting solely in the representative capacity as:

☐ Executor of the Estate of _________________________ ("Decedent")
☐ Administrator of the Estate of _________________________ ("Decedent")
☐ Administrator W.W.A. / D.B.N. of the Estate of _________________________ ("Decedent")

and not individually.

Mailing Address:
_____________________________________________
_____________________________________________

Section 1.2 Grantee(s)

Name(s): _____________________________________________

Mailing Address (Required):
_____________________________________________
_____________________________________________

Vesting:
☐ Single
☐ Married, as survivorship tenants (O.R.C. § 5302.20)
☐ Husband and wife, as tenants in common
☐ As joint tenants with right of survivorship (must be expressly stated)
☐ As tenants in common
☐ A _________________ [entity type], organized under the laws of _________________ [state]

ARTICLE II: RECITALS — ESTATE AND FIDUCIARY AUTHORITY

Section 2.1 The Estate

The Grantor was duly appointed and qualified by the Probate Court of _________________ County, Ohio, as the fiduciary of the Estate of the Decedent, and the Letters of Authority issued as set forth above remain in full force and effect and have not been revoked, terminated, or restricted.

Section 2.2 Authority to Convey

The Grantor makes this conveyance as a fiduciary under O.R.C. § 5302.09. Authority arises from (check all that apply):

☐ A testamentary power of sale authorizing the Executor to sell real property, exercised under O.R.C. § 2113.39 (where a qualified executor, administrator, or testamentary trustee is authorized by will or devise to sell real property, no order is required from the Probate Court to proceed with the sale);

☐ An order of the Probate Court in a land sale proceeding under O.R.C. § 2127.01 et seq. (action to sell real property commenced by complaint), authorizing this conveyance, entered [__/__/____], Case No. _________________;

☐ Consents to sale filed by the surviving spouse and all beneficiaries/heirs under O.R.C. § 2127.011 / § 2127.02;

☐ Other authority: _____________________________________________

ARTICLE III: CONVEYANCE

Section 3.1 Granting Clause (O.R.C. § 5302.09)

The Grantor, in the fiduciary capacity described above and not individually, for valuable consideration paid, GRANTS, WITH FIDUCIARY COVENANTS, to the above-named Grantee(s), Grantee(s)' successors and assigns forever, all the right, title, and interest of the Decedent and of the Estate in and to the following described real estate:

Section 3.2 Legal Description

SITUATED in the ☐ Township ☐ Village ☐ City of _________________, County of _________________, and State of Ohio:

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

Permanent Parcel Number: _____________________________________________

Prior Instrument Reference (Decedent's title): Volume _______, Page _______, or Instrument Number _________________ of the _________________ County Recorder's Office.

Property Address: _____________________________________________

ARTICLE IV: FIDUCIARY COVENANTS (LIMITED WARRANTY)

Section 4.1 Fiduciary Covenants (O.R.C. § 5302.09 and § 5302.10)

By use of the statutory words "grants, with fiduciary covenants," the Grantor covenants, solely in the representative capacity and not individually, that:

(a) the Grantor is duly appointed, qualified, and acting as the fiduciary and is authorized to make the conveyance;

(b) the Grantor has in the conveyance complied with the requirements of the instrument creating the fiduciary relationship and of the law governing the fiduciary's powers and duties; and

(c) the Grantor has not done or suffered anything during the administration to encumber the property, except as set forth herein.

Section 4.2 Limitation of Warranty

NOTICE: This is a FIDUCIARY DEED. The Grantor makes NO general warranty of title. This deed conveys only such title as the Decedent held at death and as the Estate is empowered to convey, and warrants only the fiduciary's authority and regularity of the conveyance — not against title defects, liens, or encumbrances arising before or independent of the Estate's administration. The individual serving as fiduciary 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) Real property taxes and assessments, both general and special, for the year 20_____ and subsequent years;

(b) All legal highways, public rights-of-way, zoning ordinances, and building codes;

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

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

(e) Rights of parties in possession;

(f) Claims of creditors of the Estate and any rights reserved by order of the Probate Court;

(g) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE VI: CONVEYANCE FEE INFORMATION

Section 6.1 Ohio Conveyance Fee (O.R.C. § 322.02)

☐ DTE Form 100 (Real Property Conveyance Fee Statement of Value) is attached.

☐ DTE Form 100-EX (Statement of Reason for Exemption from Real Property Conveyance Fee) is attached.

Exemption Claimed (if applicable): _____________________________________________

Section 6.2 Conveyance Fee Calculation

State Conveyance Fee: $1.00 per $1,000.00 of value
County Permissive Fee: Up to $3.00 per $1,000.00 of value (varies by county)
Total Rate in _________________ County: $_______ per $1,000.00

Consideration/Value: $_____________________
Conveyance Fee Due: $_____________________

ARTICLE VII: DOWER RELEASE

Section 7.1 Spousal Joinder (if applicable)

☐ Not applicable — the property is conveyed solely from the Estate and no dower interest exists.

☐ The undersigned spouse joins in this deed for the sole purpose of releasing and waiving all rights of dower in the described real estate, but does not join in the covenants.

Spouse Name: _____________________________________________

ARTICLE VIII: EXECUTION

Section 8.1 Execution by Fiduciary

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

GRANTOR (Fiduciary), in representative capacity only:

_____________________________________________
Signature

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

Date: _____________________________________________

SPOUSE (releasing dower only, if applicable):

_____________________________________________
Signature

_____________________________________________
Printed Name

Date: _____________________________________________

ARTICLE IX: ACKNOWLEDGMENT (REPRESENTATIVE CAPACITY)

Section 9.1 Ohio Acknowledgment

STATE OF OHIO
COUNTY OF _________________

Before me, a Notary Public in and for said County and State, personally appeared the above-named:

_____________________________________________

who acknowledged that he/she is the Executor / Administrator (fiduciary) of the Estate of _________________________, and that, in that representative capacity and as the act of said Estate, he/she did sign the foregoing instrument and that the same is his/her free act and deed as fiduciary.

IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at _________________, Ohio, this _____ day of _________________, 20_____.

_____________________________________________
Notary Public, State of Ohio

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 9.2 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

Before me, a Notary Public (or other officer authorized to take acknowledgments), personally appeared _____________________________________________, who acknowledged that he/she is the fiduciary of the Estate of _________________________ and, in that capacity, did sign the foregoing instrument as the free act and deed of said Estate.

IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this _____ day of _________________, 20_____.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A — LEGAL DESCRIPTION

Legal Description of Property:

SITUATED in the ☐ Township ☐ Village ☐ City of _________________, County of _________________, and State of Ohio, and known as being:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Permanent Parcel Number: _____________________________________________

OHIO RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Document Format Requirements

Ohio Conveyance Fee (O.R.C. § 322.02)

Example: Value of $250,000 at $4.00 per $1,000 = $1,000 conveyance fee.

Required Forms

1. DTE Form 100 — Real Property Conveyance Fee Statement of Value (taxable transfer)
2. DTE Form 100-EX — Statement of Reason for Exemption (exempt transfer)

Important Ohio Requirements

1. Power of Sale vs. Land Sale Proceeding: Under O.R.C. § 2113.39, an executor authorized by will to sell real property may convey without a Probate Court order. Absent a testamentary power of sale, sale generally requires consent of the spouse and all beneficiaries/heirs or a land sale proceeding by complaint under O.R.C. Chapter 2127.

2. County Auditor Approval: All deeds must be presented to and approved by the County Auditor BEFORE recording with the County Recorder.

3. Fiduciary Form: O.R.C. § 5302.09 supplies the statutory fiduciary deed form; the "fiduciary covenants" warrant the fiduciary's authority and regularity, not title generally (O.R.C. § 5302.10).

4. Preparer Identification and Prior Reference: The deed must identify its preparer and reference the instrument by which the Decedent acquired title.

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

THIS INSTRUMENT PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone

_____________________________________________
Ohio Supreme Court Registration Number (if attorney)

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