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

PERSONAL REPRESENTATIVE'S DEED

(Executor's / Administrator's Deed)

Commonwealth of Pennsylvania

Prepared By and Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Uniform Parcel Identifier:
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE

DOCUMENT INFORMATION

PERSONAL REPRESENTATIVE'S DEED

This Deed, Made the _____ day of _________________, A.D. 20_____

ARTICLE I: PARTIES

Section 1.1 Grantor (Fiduciary Capacity)

BETWEEN:

_____________________________________________
(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 C.T.A. / D.B.N. / D.B.N.C.T.A.

of the Estate of _________________________ ("Decedent"), late of the ☐ Township ☐ Borough ☐ City of _________________, County of _________________, Commonwealth of Pennsylvania, Deceased,

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

whose estate is administered before the Register of Wills / Orphans' Court Division of the Court of Common Pleas of _________________ County, Pennsylvania,

Register of Wills File / Estate No.: _____________________________________________

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

hereinafter called the Grantor or Personal Representative.

Section 1.2 Grantee(s)

AND:

_____________________________________________
(Name)

of _____________________________________________
(Address)

☐ Municipality of _________________, County of _________________, Pennsylvania
☐ State of _________________

hereinafter called the Grantee

Vesting:
☐ An individual
☐ Husband and wife, as tenants by the entireties
☐ 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 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:

☐ Statutory Power of Sale (20 Pa.C.S. § 3351). Except as otherwise provided by the will, the Personal Representative may sell, at public or private sale, real property not specifically devised. The property conveyed by this Deed is not specifically devised, and the Personal Representative conveys under the statutory power of sale.

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

☐ Joinder of Specific Devisee (20 Pa.C.S. § 3351). The property is specifically devised, and the specific devisee, _________________________, joins in this conveyance as required by 20 Pa.C.S. § 3351.

☐ Order of the Orphans' Court Division (20 Pa.C.S. § 3353). This conveyance is made under an order of the Orphans' Court Division of the Court of Common Pleas of _________________ County, entered after such notice as the court directed, the court having found the sale desirable for the proper administration and distribution of the Estate:

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

Section 2.2 Title of Purchaser (20 Pa.C.S. § 3357)

Subject to the bond condition and recorded-interest exceptions in 20 Pa.C.S. § 3357(a), a sale by the Personal Representative passes the Decedent's full title, unless otherwise specified, discharged from the estate-related liens, debts, administration liabilities, and distributee claims listed in the statute. A person dealing with the Personal Representative has no obligation to see to the proper application of the cash or other assets exchanged for estate property. A good-faith conveyance is not prejudiced by a later-probated will or codicil or later revocation of the Personal Representative's letters. 20 Pa.C.S. § 3357(a)–(b).

ARTICLE III: CONVEYANCE

Section 3.1 Granting Clause

WITNESSETH, That the said Grantor, in the capacity recited above and in the exercise of the authority recited in Article II, for and in consideration of the sum of $_____________________ (____________________ Dollars) lawful money of the United States of America, unto the Grantor well and truly paid by the said Grantee, at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, has GRANTED AND CONVEYED, and by these presents does GRANT AND CONVEY, with Special Warranty, unto the said Grantee, Grantee's heirs and assigns, all of the right, title, and interest of the Decedent and of the Estate in and to:

Section 3.2 Legal Description

ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected, SITUATE in the ☐ Township ☐ Borough ☐ City of _________________, County of _________________, and Commonwealth of Pennsylvania, bounded and described as follows:

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

Being known as: _____________________________________________

Uniform Parcel Identifier (UPI): _____________________________________________

Being the same premises which became vested in the Decedent by deed of _________________________ dated _________________, and recorded in _________________ County in Deed Book _______, Page _______ (or by intestate succession / devise upon the death of the Decedent).

ARTICLE IV: LIMITED (FIDUCIARY) WARRANTY

Section 4.1 Special Warranty in Representative Capacity

AND the said Grantor, in Grantor's representative capacity only and not individually, does covenant, promise, and agree, to and with the said Grantee, Grantee's heirs and assigns, that the Grantor, as Personal Representative, has not done or suffered to be done any act, matter, or thing whatsoever, whereby the premises hereby granted, or any part thereof, are or may be impeached, charged, or encumbered in title, charge, estate, or otherwise howsoever, and that the Grantor WILL WARRANT AND DEFEND the premises unto the Grantee against 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 carrying only a SPECIAL (LIMITED) 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. The Grantor does NOT warrant against:

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

This Deed does NOT contain the full covenants of a general warranty deed.

Section 4.3 Statutory References

This conveyance is made pursuant to:

• 20 Pa.C.S. § 3351 (Power to sell)
• 20 Pa.C.S. § 3353 (Order of court)
• 20 Pa.C.S. § 3357 (Title of purchaser)
• 20 Pa.C.S. § 3311 (Possession of real and personal estate)
• 21 P.S. § 1 (Statutory form of deed)
• 21 P.S. § 351 et seq. (Recording requirements)
• 72 P.S. § 8101-C et seq. (Realty transfer tax)

ARTICLE V: EXCEPTIONS AND RESERVATIONS

Section 5.1 Subject To

UNDER AND SUBJECT, nevertheless, to:

(a) Real estate taxes for the year 20_____ and thereafter;

(b) All applicable zoning, subdivision, and land development 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;

(e) Rights of parties in possession;

(f) Any orders, decrees, and proceedings of the Orphans' Court Division and Register of Wills in the above-referenced estate;

(g) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE VI: REALTY TRANSFER TAX

Section 6.1 Pennsylvania Realty Transfer Tax (72 P.S. § 8101-C)

Consideration: $_____________________

State Transfer Tax: 1% of consideration = $_____________________

Local Transfer Tax: _____% of consideration = $_____________________
(Varies by municipality/school district; typically 1% total)

Total Transfer Tax Due: $_____________________

Section 6.2 Statement of Value

☐ REV-183 (Realty Transfer Tax Statement of Value) is attached hereto.

☐ This transfer is exempt from transfer tax. Exemption claimed per 72 P.S. § 8102-C.3:
_____________________________________________

Section 6.3 Philadelphia Transfer Tax (if applicable)

☐ Not Applicable - Property not in Philadelphia

☐ Applicable - Philadelphia Realty Transfer Tax Rate: 3.578% (effective July 1, 2025)
Philadelphia Transfer Tax Due: $_____________________

ARTICLE VII: EXECUTION

Section 7.1 Habendum Clause

TO HAVE AND TO HOLD the said lot or piece of ground above described with the buildings and improvements thereon erected, hereditaments, and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantee, Grantee's heirs and assigns, to and for the only proper use and behoof of the said Grantee, Grantee's heirs and assigns forever.

Section 7.2 Signatures (Representative Capacity)

IN WITNESS WHEREOF, the said Grantor, as Personal Representative and not individually, has hereunto set Grantor's hand and seal the day and year first above written.

Sealed and Delivered in the Presence of:

_____________________________________________
Witness

GRANTOR / PERSONAL REPRESENTATIVE:

_____________________________________________ (SEAL)
Signature

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

JOINDER OF SPECIFIC DEVISEE (if applicable - 20 Pa.C.S. § 3351):

_____________________________________________ (SEAL)
Signature of Specific Devisee

_____________________________________________
Printed Name

ARTICLE VIII: ACKNOWLEDGMENT

Section 8.1 Pennsylvania Acknowledgment (Representative Capacity)

COMMONWEALTH OF PENNSYLVANIA
COUNTY OF _________________

On this the _____ day of _________________, 20_____, before me, the undersigned officer, personally appeared _________________________, who acknowledged himself/herself to be the Personal Representative (☐ Executor ☐ Administrator ☐ Administrator C.T.A.) of the Estate of _________________________, Deceased, and that he/she, as such Personal Representative, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing his/her name in such representative capacity.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 8.2 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

On this the _____ day of _________________, 20_____, before me, the undersigned officer, personally appeared _________________________, who acknowledged himself/herself to be the Personal Representative of the Estate of _________________________, Deceased, and that he/she, as such Personal Representative, executed the foregoing instrument for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

ARTICLE IX: ATTORNEY / PREPARER CERTIFICATION

Section 9.1 Certification (Required by 21 P.S. § 351.1)

I, _________________________, Esquire, hereby certify that this deed was prepared by me or under my supervision.

_____________________________________________
Signature of Attorney

_____________________________________________
Attorney Registration Number

- OR -

I hereby certify that this instrument was prepared by one of the parties named in this instrument.

_____________________________________________
Signature of Party

_____________________________________________
Printed Name

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

ALL THAT CERTAIN lot or piece of ground SITUATE in the ☐ Township ☐ Borough ☐ City of _________________, County of _________________, and Commonwealth of Pennsylvania:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Uniform Parcel Identifier (UPI): _____________________________________________

PENNSYLVANIA RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Recording Fees (Vary by County)

Pennsylvania Realty Transfer Tax

Transfer Tax Exclusions (72 P.S. § 8102-C.3)

A transfer by a personal representative to a beneficiary by devise or under the intestate laws (a distribution rather than a sale) is generally excluded from realty transfer tax; a sale to a third party for value is taxable. Confirm the applicable exclusion and attach REV-183 in all cases.

Important Pennsylvania Notes

1. Authority to Convey. A personal representative conveys under the statutory power of sale for non-specifically-devised realty (20 Pa.C.S. § 3351), under the will's power of sale, with joinder of the specific devisee where the realty is specifically devised, or under an Orphans' Court order (20 Pa.C.S. § 3353). Check the correct box in Article II.

2. Short Certificate. Record a current Short Certificate (evidence of the grant of Letters) and any Orphans' Court order with this deed to establish the fiduciary's authority.

3. Title of Purchaser (20 Pa.C.S. § 3357). Subject to the statute's bond condition and recorded-interest exceptions, a purchaser generally receives the Decedent's full title discharged from the listed estate claims and has no obligation to see to the application of the exchange proceeds.

4. Attorney Preparation / Certification. Pennsylvania deeds should be prepared by, or under the supervision of, an attorney or by a party; the 21 P.S. § 351.1 certification is required.

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

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

THIS DEED PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone

_____________________________________________
PA Attorney Registration Number (if applicable)

Official source for 20 Pa.C.S. § 3357: https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/20/00.033.057.000..HTM

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