Personal Representative's Deed - Oregon

PERSONAL REPRESENTATIVE'S DEED

State of Oregon

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Until a Change is Requested, All Tax Statements Shall Be Sent to:
_____________________________________________
_____________________________________________

3.5" x 2.5" SPACE FOR RECORDER'S USE

DOCUMENT INFORMATION

PERSONAL REPRESENTATIVE'S DEED

ORS 114.325

KNOW ALL PERSONS 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)

Address:
_____________________________________________
_____________________________________________

acting solely in the capacity of, and not individually, as the duly appointed and qualified Personal Representative of the Estate of _________________________ ("Decedent"), Deceased,

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

in the matter pending in the Circuit Court of the State of Oregon for the County of _________________, Probate Department,

Probate Case No.: _____________________________________________

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

hereinafter the "GRANTOR" or "Personal Representative."

Section 1.2 Grantee(s)

_____________________________________________
(Name)

Address:
_____________________________________________
_____________________________________________

Vesting:
☐ A single person
☐ A married person, as his/her separate property
☐ As tenants by the entirety
☐ As joint tenants with right of survivorship, and not as tenants in common
☐ As tenants in common
☐ A _________________ [entity type], an _________________ [state] _________________ [entity form]

hereinafter the "GRANTEE."

ARTICLE II: AUTHORITY OF PERSONAL REPRESENTATIVE (ORS 114.325)

Section 2.1 Source of Authority (Check ALL That Apply)

Pursuant to ORS 114.325, and subject to ORS 113.105, a personal representative has the power to sell, mortgage, lease, or otherwise deal with property of the estate without notice, hearing, or order of court, except that exercise of the power of sale requires notice, hearing, and order of the court if the sale contravenes the will or the property is specifically devised and the will does not authorize its sale. The Personal Representative executes and delivers this Deed under the following authority:

☐ Statutory Power of Sale (ORS 114.325(1)). The sale is not in contravention of the will and the property is not specifically devised in a manner requiring a court order; the Personal Representative therefore conveys under the statutory power without notice, hearing, or order of court.

☐ Power of Sale Under the Will. The Decedent's will, admitted to probate in the above cause, authorizes the Personal Representative to sell the real property of the Estate, and this conveyance is made in conformity with the will.

☐ Order of the Court (ORS 114.325(2)). This conveyance is made pursuant to an order of the Circuit Court entered after notice and hearing in the above cause, because the sale would otherwise contravene the will or concerns specifically devised property:

• Court Order authorizing sale/conveyance dated: [__/__/____]

Section 2.2 Performance of Decedent's Contract (ORS 114.305(4))

☐ This conveyance is also made in performance of an enforceable contract of the Decedent to convey the real property, the Personal Representative being authorized under ORS 114.305(4) to execute and deliver a deed upon satisfaction of the sums remaining unpaid.

ARTICLE III: CONVEYANCE

Section 3.1 Granting Clause

GRANTOR, in GRANTOR's capacity as Personal Representative and in the exercise of the authority recited in Article II, for the consideration stated below, GRANTS, BARGAINS, SELLS, AND CONVEYS to GRANTEE all of the right, title, and interest of the Decedent and of the Estate in and to the following described real property, free of encumbrances created or suffered by the Estate except as specifically set forth herein:

Section 3.2 Consideration (ORS 93.030)

True and Actual Consideration: $_____________________

☐ The true and actual consideration is nominal and the deed is a distribution to an heir or devisee.
☐ The true and actual consideration cannot be determined at the time of sale.

Section 3.3 Legal Description

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

Property Address: _____________________________________________

Tax Account/Map Number: _____________________________________________

ARTICLE IV: LIMITED (FIDUCIARY) WARRANTY

Section 4.1 Special Warranty in Representative Capacity

GRANTOR, in GRANTOR's representative capacity only, covenants with GRANTEE, GRANTEE's heirs, successors, and assigns, that the property is free from encumbrances created or suffered by the Personal Representative or the Estate, and that GRANTOR WILL WARRANT AND DEFEND the title to the property against all persons lawfully 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 carrying only a LIMITED (SPECIAL) WARRANTY. The Personal Representative executes this Deed solely in a representative capacity and NOT INDIVIDUALLY, makes NO PERSONAL COVENANTS OF WARRANTY, and assumes NO PERSONAL LIABILITY under this Deed. The 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:

• ORS 114.325 (Power to sell, mortgage, lease and deal with property)
• ORS 114.305 (Transactions authorized for personal representatives)
• ORS 113.105 (Bond)
• ORS 93.030 (Statement of consideration required)
• ORS 93.040 (Required content of deeds; land use statement)
• ORS 93.260 (tax-statement information in the conveyancing instrument) and ORS 93.600 et seq. (recordation and its effects)
• ORS 306.815 (Local transfer-tax restriction and stated exceptions)

ARTICLE V: EXCEPTIONS AND RESERVATIONS

Section 5.1 Subject To

This conveyance is made subject to:

(a) Real property taxes and assessments not yet due and payable;

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

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

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

(e) Rights of parties in possession;

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

(g) The following specific exceptions and encumbrances:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE VI: TRANSFER-TAX AND FEE REVIEW

Section 6.1 Oregon Transfer Tax (ORS 306.815)

ORS 306.815 restricts certain local taxes and fees on transfers of fee estates but contains express exceptions. It does not itself establish the complete tax or fee treatment of an estate sale or distribution.

☐ Oregon probate counsel and the closing professional confirmed the current state and local tax, fee, exemption, and filing treatment for this transaction and county.

ARTICLE VII: REQUIRED STATEMENTS

Section 7.1 Statement Required by ORS 93.040(1)

BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.

ARTICLE VIII: EXECUTION

Section 8.1 Grantor's Signature (Representative Capacity)

DATED this _____ day of _________________, 20_____.

GRANTOR / PERSONAL REPRESENTATIVE:

_____________________________________________
Signature

_____________________________________________
Printed Name, as Personal Representative of the
Estate of _________________________, Deceased
(and not individually)

ARTICLE IX: ACKNOWLEDGMENT

Section 9.1 Oregon Acknowledgment (Representative Capacity)

STATE OF OREGON
COUNTY OF _________________

This instrument was acknowledged before me on _________________, 20_____, by _________________________, as Personal Representative of the Estate of _________________________, Deceased.

_____________________________________________
Notary Public - Oregon

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 9.2 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

This instrument was acknowledged before me on _________________, 20_____, by _________________________, as Personal Representative of the Estate of _________________________, Deceased.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Tax Account/Map Number: _____________________________________________

Property Address: _____________________________________________

OREGON RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Document Format Requirements

Recording Fees

Note: Fees vary by county; contact the county clerk for the current schedule.

Transfer-Tax and Fee Review (ORS 306.815)

Confirm the current state and local tax, fee, exemption, and filing treatment with Oregon probate counsel, the county, and the closing professional. ORS 306.815's restriction has express exceptions and is not a blanket no-tax rule.

Important Oregon Notes

1. Statutory Power of Sale (ORS 114.325(1)). A personal representative may sell and convey estate real property without notice, hearing, or court order, UNLESS the sale contravenes the will or concerns specifically devised property the will does not authorize selling — in which case notice, hearing, and a court order are required (ORS 114.325(2)). Check the correct authority box in Article II.

2. Letters of Authority. Record the Letters Testamentary or of Administration (and any court order authorizing the sale) with this deed to establish the fiduciary's authority in the chain of title.

3. Consideration Statement (ORS 93.030). True and actual consideration must be stated; mark the appropriate box for a nominal-consideration distribution.

4. ORS 93.040 Land Use Statement. The mandatory land use statement must appear on the deed (Article VII).

5. No Personal Warranty. The personal representative conveys only in a representative capacity with a limited fiduciary warranty and no personal liability.

6. Transfer-Tax Gate. Do not infer the transaction's tax or fee treatment from ORS 306.815 alone.

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

2026 Legislative Note

ORS 93.277 amendments per section 7a, chapter 476, Oregon Laws 2025, become operative January 1, 2027.

THIS INSTRUMENT PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone

_____________________________________________
Oregon State Bar Number (if attorney)

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