Personal Representative's Deed (Executor's / Administrator's Deed) - Rhode Island

PERSONAL REPRESENTATIVE'S DEED

(Executor's / Administrator's Deed)

State of Rhode Island

Recording Requested By:
_____________________________________________

When Recorded Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Property Address:
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE

DOCUMENT INFORMATION

SALE PRICE DISCLOSURE (Required as of April 1, 2007 per R.I.G.L. 34-11)

The total dollar amount of the actual sale is: $_______________

☐ No consideration is actually paid — include the statutory statement that the consideration is such that no documentary stamps are required. (R.I.G.L. 44-25-1(c).)

REAL ESTATE CONVEYANCE TAX CALCULATION

Consideration: $_______________

Tax Calculation (complete from current R.I.G.L. § 44-25-1 and official tax instructions):

☐ This transfer is EXEMPT from Real Estate Conveyance Tax per R.I.G.L. 44-25-2:
_____________________________________________

PERSONAL REPRESENTATIVE'S DEED

KNOW ALL PERSONS BY THESE PRESENTS:

This Personal Representative's Deed is made and entered into this _____ day of _________________, 20_____.

ARTICLE I: PARTIES

Section 1.1 Grantor (Fiduciary Capacity)

Name: _____________________________________________
(Personal Representative)

Mailing 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.

of the Estate of _________________________ ("Decedent"), late of the City/Town of _________________, Rhode Island, Deceased,

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

whose estate is pending in the Probate Court of the City/Town of _________________, Rhode Island,

Probate Court Estate No.: _____________________________________________

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

hereinafter the "GRANTOR" or "Personal Representative."

Residency Status (Required):
☐ Resident of Rhode Island
☐ Non-resident of Rhode Island (withholding of 6% for individuals / 7% for corporations may apply per R.I.G.L. 44-30-71.3)

Section 1.2 Grantee(s)

Name(s): _____________________________________________

Mailing Address:
_____________________________________________
_____________________________________________

Vesting (Per R.I.G.L. 34-3-1, conveyance to two or more creates tenancy in common unless otherwise specified):
☐ A single person
☐ As joint tenants with right of survivorship, and not as tenants in common
☐ As tenants in common
☐ Husband and wife, as tenants by the entirety
☐ 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:

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

☐ Probate Court Authorization / License to Sell (R.I.G.L. 33-19-9). The Probate Court, upon petition with notice and being satisfied that the action is not prejudicial to the interests of the Estate, authorized the Personal Representative to sell the real estate at ☐ public auction ☐ private contract:

• Decree authorizing sale dated: [__/__/____]
• Minimum price fixed by decree (private sale): $_____________________

☐ Statutory Authority. This conveyance is otherwise made under the authority conferred upon the Personal Representative by Title 33, Chapter 19 of the Rhode Island General Laws.

Section 2.2 Private Sale Minimum Price (R.I.G.L. 33-19-9)

If made by private contract under Probate Court authorization, the sale has been made for not less than the sum fixed by the Court in its decree authorizing the sale, as recited above.

ARTICLE III: CONVEYANCE

Section 3.1 Granting Clause

For the consideration 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, Grantor, as Personal Representative and not individually, hereby GRANTS, BARGAINS, SELLS, AND CONVEYS with SPECIAL WARRANTY COVENANTS to Grantee, and Grantee's heirs and assigns forever, all of the right, title, and interest of the Decedent and of the Estate in and to the real property, together with any improvements thereon, situated in the City/Town of _________________, County of _________________, State of Rhode Island, described as follows:

Section 3.2 Legal Description

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

Prior Title Reference (for chain of title):
Being the same premises that became vested in the Decedent by deed of _________________________ dated _________________, 20_____, and recorded in the Land Evidence Records of the City/Town of _________________ in Book _______, Page _______ (or by devise/intestate succession upon the death of the Decedent).

also known by street and number as: _____________________________________________

Assessor's Plat _______, Lot _______

ARTICLE IV: LIMITED (FIDUCIARY) WARRANTY

Section 4.1 Special Warranty in Representative Capacity

Grantor, in Grantor's representative capacity only, covenants with Grantee that:

(a) The property is free from encumbrances made or suffered by the Personal Representative or the Estate, except those noted herein; and

(b) Grantor WARRANTS AND WILL DEFEND the property against the lawful claims and demands 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 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. Unlike a warranty deed under R.I.G.L. 34-11-15, this Deed conveys only such title as the Decedent held and as the Personal Representative is empowered to convey, and warrants only against claims arising by, through, or under the Grantor or the Estate. The Grantor does NOT warrant against defects, liens, encumbrances, or claims arising before or independent of the Decedent's ownership, or 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 and in accordance with:

• R.I.G.L. 33-19-9 (Public or private sale; petitioner as purchaser; minimum price)
• R.I.G.L. 33-19-1 et seq. (Real property of decedents)
• R.I.G.L. 34-11-12 (Statutory deed forms)
• R.I.G.L. 34-11-15 (Warranty deeds)
• R.I.G.L. 34-3-1 (Co-ownership presumptions)
• R.I.G.L. 44-25-1 (Real Estate Conveyance Tax)
• R.I.G.L. 44-25-2 (Tax exemptions)
• R.I.G.L. 44-30-71.3 (Nonresident withholding)

ARTICLE V: EXCEPTIONS AND RESERVATIONS

Section 5.1 Subject To

This conveyance is made subject to:

(a) General taxes and assessments for the year 20_____ and subsequent years, not yet due and payable;

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

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

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

(e) Rights of parties in possession;

(f) Any decrees and proceedings of the Probate Court in the above-referenced estate;

(g) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE VI: ADDITIONAL PROVISIONS

Section 6.1 Nonresident Withholding (R.I.G.L. 44-30-71.3)

☐ The Estate / Grantor is a Rhode Island resident - no withholding required
☐ Non-resident individual - 6% withholding applies
☐ Non-resident corporation - 7% withholding applies
☐ Residency Affidavit is attached

NOTICE: On a sale of real estate by a non-resident, Rhode Island imposes a withholding tax and an automatic lien on the property that affects title for the buyer.

Section 6.2 Real Estate Conveyance Tax Return

☐ Form CVYT-1 (Real Estate Conveyance Tax Return) is completed and attached for filing with the Rhode Island Division of Taxation.

ARTICLE VII: EXECUTION

Section 7.1 Grantor's Signature (Representative Capacity)

IN WITNESS WHEREOF, the Grantor, as Personal Representative of the Estate of the Decedent and not individually, has executed this Personal Representative's Deed on the date first written above.

GRANTOR / PERSONAL REPRESENTATIVE:

_____________________________________________
Signature

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

ARTICLE VIII: ACKNOWLEDGMENT

Section 8.1 Rhode Island Acknowledgment (Representative Capacity)

STATE OF RHODE ISLAND
COUNTY OF _________________

In _________________ [city/town], on this _____ day of _________________, 20_____, before me personally appeared _________________________, to me known and known by me to be the Personal Representative (☐ Executor ☐ Administrator ☐ Administrator C.T.A.) of the Estate of _________________________, Deceased, the party executing the foregoing instrument in such representative capacity, and he/she acknowledged the said instrument by him/her executed, in such capacity, to be his/her free act and deed and the free act and deed of said Estate.

_____________________________________________
Notary Public, State of Rhode Island

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 8.2 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

On this _____ day of _________________, 20_____, before me, a Notary Public, personally appeared _________________________, to me known (or proved to me) to be the Personal Representative of the Estate of _________________________, Deceased, who acknowledged the execution of the foregoing instrument in such representative capacity.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

City/Town of _________________, County of _________________, State of Rhode Island

Assessor's Plat _______, Lot _______

RHODE ISLAND RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

IMPORTANT: In Rhode Island, documents are recorded by city or town, NOT by county. Record this deed at the city or town clerk's office in the municipality where the property is located.

Real Estate Conveyance Tax (R.I.G.L. 44-25-1)

Do not use a stored rate or threshold. Section 44-25-1(b) makes the high-value residential threshold inflation-adjusted for tax years beginning in 2026. Record the current official rate, threshold, and source in the calculation table above before execution.

Conveyance Tax Exemptions (R.I.G.L. 44-25-2)

If no consideration is actually paid, the deed must contain the no-documentary-stamps statement under R.I.G.L. § 44-25-1(c). Do not label that result a § 44-25-2 exemption; analyze the limited statutory exemptions separately.

Important Rhode Island Notes

1. Probate Court Authorization to Sell. Unless the will confers a power of sale, the Probate Court that issued the Letters must authorize the executor or administrator to sell the real estate at public auction or by private contract (R.I.G.L. 33-19-9), and for a private sale the price must be at least the sum fixed by the Court's decree.

2. Municipal Recording. Rhode Island records at the city/town level, not county level.

3. Certified Letters & Decree. Record certified Letters and the Probate Court decree authorizing the sale with this deed to establish the fiduciary's authority.

4. Co-Ownership. Conveyance to two or more persons creates a tenancy in common unless otherwise specified (R.I.G.L. 34-3-1).

5. Conveyance Tax. Pay the Real Estate Conveyance Tax (CVYT-1) or properly claim an exemption.

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

7. Attorney Requirement. Rhode Island courts treat title examination and deed drafting as the practice of law; use a licensed attorney. Grantees should obtain title insurance.

PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone/Email

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