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

PERSONAL REPRESENTATIVE'S DEED

(Executor's / Administrator's Deed)

State of Oklahoma

Prepared By:
_____________________________________________

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Send Future Tax Statements To (Grantee):
_____________________________________________
_____________________________________________

Legal Description Index (19 O.S. § 287, 291):
Addition: _________________ Block: _______ Lot: _______
Section: _______ Township: _______ Range: _______

SPACE ABOVE THIS LINE FOR COUNTY CLERK'S USE

DOCUMENT INFORMATION

PERSONAL REPRESENTATIVE'S DEED

STATE OF OKLAHOMA
COUNTY OF _________________

KNOW ALL MEN BY THESE PRESENTS:

This Personal Representative's Deed is made this _____ day of _________________, 20_____,

ARTICLE I: PARTIES

Section 1.1 Grantor (Fiduciary Capacity)

_____________________________________________
(Name of Personal Representative)

of _____________________________________________
(Address)

acting solely in the capacity of, and not individually,

☐ Executor / Executrix under the Last Will and Testament of the Decedent
☐ Administrator / Administratrix of the Estate of the Decedent (intestate)
☐ Administrator with Will Annexed (C.T.A.)
☐ Special Administrator (58 O.S. § 211 et seq.)

of the Estate of _________________________ ("Decedent"), Deceased,

who died ☐ testate ☐ intestate on the _____ day of _________________, 20_____,

pending in the District Court of _________________ County, State of Oklahoma,

Probate Case No.: _____________________________________________

Letters ☐ Testamentary ☐ of Administration issued: [__/__/____]

hereinafter called "GRANTOR" or the "Personal Representative."

Section 1.2 Grantee(s)

_____________________________________________
(Name)

of _____________________________________________
(Address)

Vesting:
☐ A single person
☐ A married person
☐ Husband and wife, as joint tenants with full rights of survivorship, and not as tenants in common
☐ As joint tenants with full rights of survivorship, and not as tenants in common
☐ As tenants in common
☐ A _________________ [entity type], organized under the laws of _________________ [state]

hereinafter called "GRANTEE"

ARTICLE II: AUTHORITY OF PERSONAL REPRESENTATIVE

Section 2.1 Source of Authority (Check ALL That Apply)

The Personal Representative executes and delivers this Deed pursuant to lawful authority, as follows:

☐ Power of Sale Under Will. The Decedent's Last Will and Testament, admitted to probate in the above cause, confers upon the Personal Representative a power of sale over the real property of the Estate, and this conveyance is made under and in conformity with such will and 58 O.S. §§ 461 and 462.

☐ Order of Sale / Confirmation by the District Court. This conveyance is made pursuant to an Order of Sale and an Order Confirming Sale entered by the District Court of _________________ County in the above cause under 58 O.S. §§ 381, 411 et seq., 418, and 428:

• Order of Sale dated: [__/__/____]
• Order Confirming Sale and Directing Conveyance dated: [__/__/____]

☐ Statutory Authority. This conveyance is otherwise made under the authority conferred upon the Personal Representative by Title 58 of the Oklahoma Statutes.

Section 2.2 Effect of Conveyance (58 O.S. § 429)

Pursuant to 58 O.S. § 429, a conveyance by the Personal Representative made in conformity with the order or authority recited above conveys to the Grantee all the right, title, interest, and estate of the Decedent in the property at the time of death, and any right, title, or interest the Estate may have acquired thereafter, by operation of law or otherwise.

ARTICLE III: CONVEYANCE

Section 3.1 Granting Clause

WITNESSETH: That the GRANTOR, in consideration of the sum of $_____________________ (____________________ Dollars) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in the exercise of the authority recited in Article II, does by these presents GRANT, BARGAIN, SELL, AND CONVEY unto the GRANTEE, GRANTEE's heirs, successors, and assigns forever, all of the right, title, and interest of the Decedent and of the Estate in and to the following described real property situated in _________________ County, State of Oklahoma, to-wit:

Section 3.2 Legal Description (19 O.S. § 287, 291)

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

Indexing Information (Required):

• Addition/Subdivision: _____________________________________________
• Block: _______ Lot(s): _______
• Section: _______ Township: _______ Range: _______
• Metes and Bounds (if necessary): See Exhibit "A"

Property Address: _____________________________________________

ARTICLE IV: LIMITED (FIDUCIARY) WARRANTY

Section 4.1 Special Warranty by, through, or under Grantor's Acts

TO HAVE AND TO HOLD the above-described premises, together with all and singular the rights, privileges, and appurtenances thereunto belonging, unto the said GRANTEE, GRANTEE's heirs, successors, and assigns forever.

GRANTOR, in GRANTOR's representative capacity only, covenants with GRANTEE that GRANTOR has not done or suffered to be done anything whereby the property is encumbered, and GRANTOR WILL WARRANT AND DEFEND the title to the property unto the GRANTEE against the lawful claims of all persons claiming BY, THROUGH, OR UNDER THE GRANTOR or the Estate, but against none other.

Section 4.2 No Personal Liability of Fiduciary

NOTICE: This is a FIDUCIARY DEED with a LIMITED (SPECIAL) WARRANTY. The Personal Representative executes this Deed solely in a representative capacity and NOT INDIVIDUALLY. The Personal Representative makes NO PERSONAL COVENANTS OF WARRANTY and assumes NO PERSONAL LIABILITY under this Deed. No covenant or warranty herein binds the Personal Representative individually or his/her own property. This Deed conveys only such title as the Decedent held and as the Personal Representative is empowered to convey. It does NOT warrant against:

• Defects in title arising before or independent of the Decedent's ownership
• Liens or encumbrances created by parties other than the Grantor or the Estate
• Claims of persons NOT claiming by, through, or under the Grantor or the Estate

Section 4.3 Statutory References

This conveyance is made pursuant to:

• 58 O.S. § 381 (Property not exempt may be sold for debt)
• 58 O.S. § 411 et seq. (Sale of realty)
• 58 O.S. § 418 (Order of sale)
• 58 O.S. § 428 (Confirmation of sale)
• 58 O.S. § 429 (Conveyance and record; effect)
• 58 O.S. §§ 461, 462 (Sale under authority of will)
• 16 O.S. § 1 et seq. (Conveyances)
• 19 O.S. § 287, 291 (Indexing requirements)
• 68 O.S. § 3201, 3202 (Documentary stamp tax)

ARTICLE V: EXCEPTIONS AND RESERVATIONS

Section 5.1 Subject To

This conveyance is made subject to:

(a) Ad valorem taxes for the year 20_____ and thereafter, not yet due and payable;

(b) All applicable zoning ordinances, building codes, and governmental regulations;

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

(d) All matters disclosed by an accurate survey and inspection of the property;

(e) Rights of tenants or parties in possession;

(f) Any orders, judgments, and decrees entered in the above-referenced probate proceeding;

(g) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE VI: DOCUMENTARY STAMP TAX

Section 6.1 Oklahoma Documentary Stamp Tax (68 O.S. § 3201, 3202)

Documentary Stamp Tax Rate: $0.75 per $500 of purchase price

Purchase Price: $_____________________

Documentary Stamp Tax Due: $_____________________

☐ Proof of purchase price is attached (closing statement, notarized bill of sale, or Affidavit of Purchase Price)

Section 6.2 Exemptions

☐ This deed is exempt from Documentary Stamp Tax per 68 O.S. § 3201 or § 3202.

Exemption claimed (cite paragraph): "Exempt Documentary Stamp Tax OS Title 68, Article 32 Section _______, Paragraph _______"

ARTICLE VII: EXECUTION

Section 7.1 Grantor's Signature (Representative Capacity)

IN WITNESS WHEREOF, the GRANTOR, in GRANTOR's capacity as Personal Representative of the Estate of the Decedent and not individually, has hereunto set GRANTOR's hand this _____ day of _________________, 20_____.

GRANTOR / PERSONAL REPRESENTATIVE:

_____________________________________________
Signature

_____________________________________________
Printed Name, as ☐ Executor ☐ Administrator ☐ Administrator C.T.A. ☐ Special Administrator
of the Estate of _________________________, Deceased
(and not individually)

ARTICLE VIII: ACKNOWLEDGMENT

Section 8.1 Oklahoma Acknowledgment (Representative Capacity)

STATE OF OKLAHOMA
COUNTY OF _________________

Before me, the undersigned, a Notary Public in and for said County and State, on this _____ day of _________________, 20_____, personally appeared:

_____________________________________________

to me known to be the identical person who executed the within and foregoing instrument as the Personal Representative (☐ Executor ☐ Administrator ☐ Administrator C.T.A. ☐ Special Administrator) of the Estate of _________________________, Deceased, and acknowledged to me that he/she executed the same as his/her free and voluntary act and deed, and as the free and voluntary act and deed of said Estate, in such representative capacity, for the uses and purposes therein set forth.

WITNESS my hand and official seal the day and year last above written.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

My Commission Number: _____________________________________________

[NOTARIAL SEAL]

Section 8.2 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

Before me, the undersigned, a Notary Public in and for said County and State, on this _____ day of _________________, 20_____, personally appeared:

_____________________________________________

to me known (or proved to me on the basis of satisfactory evidence) to be the identical person who executed the within and foregoing instrument as Personal Representative of the Estate of _________________________, Deceased, and acknowledged to me that he/she executed the same as his/her free and voluntary act and deed in such representative capacity.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

Situated in _________________ County, State of Oklahoma:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Indexing Information:

• Addition/Subdivision: _____________________________________________
• Block: _______ Lot(s): _______
• Section: _______ Township: _______ Range: _______

OKLAHOMA RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Recording Fees (16 O.S. § 32)

Oklahoma Documentary Stamp Tax (68 O.S. § 3201)

Example: $200,000 sale / $500 = 400 x $0.75 = $300.00 documentary stamp tax

Important Oklahoma Notes

1. Authority Must Appear of Record. A personal representative conveys either under a power of sale in the will (58 O.S. §§ 461–462) or under an Order of Sale and Order Confirming Sale from the District Court (58 O.S. §§ 411 et seq., 418, 428). Recite and record the supporting authority.

2. Certified Letters. Record certified Letters Testamentary or of Administration (and any confirmation order) with this deed to establish the fiduciary's authority in the chain of title.

3. Effect of Deed (58 O.S. § 429). The deed conveys the Decedent's title as of date of death plus any after-acquired estate interest, when made in conformity with the order or will.

4. Homestead / Family Allowances. Property set apart as homestead or to the surviving spouse and minor children is not chargeable for debts (58 O.S. § 381); confirm the property is subject to sale before conveying.

5. Documentary Stamp Tax. Required on a sale for value; a non-sale distribution to heirs/devisees is generally exempt. Pay or claim exemption at recording.

6. No Personal Warranty. A personal representative's deed carries only a limited fiduciary warranty and imposes no personal liability on the fiduciary.

7. Title Insurance / Legal Counsel. Grantees should obtain title insurance; consultation with a licensed Oklahoma attorney is recommended.

THIS INSTRUMENT PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone

_____________________________________________
Oklahoma Bar Number (if attorney)

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