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

PERSONAL REPRESENTATIVE'S DEED

(Executor's / Administrator's Deed)

State of Tennessee

Prepared By:
_____________________________________________

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Send Tax Bills To (Grantee):
_____________________________________________

Tax Map/Parcel ID:
_____________________________________________

SPACE ABOVE THIS LINE FOR REGISTER OF DEEDS' USE

DOCUMENT INFORMATION

PERSONAL REPRESENTATIVE'S DEED

STATE OF TENNESSEE
COUNTY OF _________________

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 as [☐ Executor / ☐ Administrator / ☐ Administrator with the Will Annexed] of the Estate of

_____________________________________________
(Decedent's Name) ("Decedent"),

and not individually, hereinafter called "GRANTOR."

Section 1.2 Appointment Recital

The Grantor was duly appointed and qualified as the personal representative of the Decedent's estate by the [☐ Probate Court / ☐ Chancery Court] of _________________ County, Tennessee, in the matter of the Estate of _________________________, Docket/Case No. _________________. Letters [☐ Testamentary / ☐ of Administration] were issued to the Grantor on [__/__/____] and remain in full force and effect, the Grantor's authority not having been revoked, suspended, or terminated.

Section 1.3 Authority Recital (Power to Sell and Convey)

Under Tennessee law, legal title to a decedent's real property vests in the heirs or devisees at death (T.C.A. § 31-2-103), subject to the personal representative's authority. The Grantor conveys pursuant to the authority indicated:

☐ Power of sale conferred by the Decedent's Will, which (a) vests title to the real property in the personal representative and/or (b) expressly grants the personal representative power to sell and convey real property (Article/Item _______ of the Will), including powers incorporated by reference under T.C.A. § 35-50-110.

☐ Order of the Court authorizing the sale of realty to pay debts and costs of administration pursuant to T.C.A. §§ 30-2-401 and 30-2-402, entered [__/__/____], a copy of which is referenced or recorded herewith.

☐ Joinder of all heirs/devisees (each of whom executes this deed below), the will not having vested title or a power of sale in the personal representative.

Section 1.4 Grantee(s)

_____________________________________________
(Name)

of _____________________________________________
(Address — required for tax notice)

Vesting (T.C.A. § 66-1-107 — Tennessee abolished survivorship in joint tenancy unless expressly created):
☐ An unmarried individual
☐ A married individual
☐ Husband and wife, as tenants by the entirety with right of survivorship
☐ As joint tenants with express right of survivorship
☐ As tenants in common
☐ A _________________ [entity type], organized under the laws of _________________ [state]

hereinafter called "GRANTEE."

ARTICLE II: CONVEYANCE

Section 2.1 Granting Clause

That the GRANTOR, as personal representative of the Estate of the Decedent and not individually, for and in consideration of the sum of $_____________________ (____________________ Dollars), and other good and valuable consideration, the receipt of which is hereby acknowledged, and by virtue of the authority recited above, has bargained, sold, and CONVEYED, and by these presents does bargain, sell, and CONVEY unto the GRANTEE, and GRANTEE's heirs, successors, and assigns, all of the right, title, and interest of the Decedent and of the estate in and to a certain tract or parcel of land in _________________ County, Tennessee, bounded and described as follows:

Section 2.2 Legal Description

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

Being the same property conveyed to the Decedent by deed of record in Book _______, Page _______ (or Instrument No. _________________), Register's Office of _________________ County, Tennessee.

Property Address: _____________________________________________

Tax Map/Parcel ID: _____________________________________________

ARTICLE III: LIMITED (FIDUCIARY) WARRANTY

Section 3.1 Conveyance in Representative Capacity

The GRANTOR executes and delivers this deed solely in the GRANTOR's fiduciary capacity as personal representative of the Estate of the Decedent and not in any individual or personal capacity.

Section 3.2 Special (Limited) Warranty — Acts of the Grantor Only

TO HAVE AND TO HOLD the said tract or parcel of land, with the appurtenances, estate, title, and interest thereto belonging, to the said GRANTEE, GRANTEE's heirs, successors, and assigns forever. The GRANTOR covenants and binds the estate to WARRANT AND FOREVER DEFEND the title to said property unto the GRANTEE, GRANTEE's heirs and assigns, against the lawful claims of all persons claiming by, through, or under the GRANTOR in the GRANTOR's representative capacity, but none other.

Section 3.3 No Personal Liability of Grantor

This deed binds only the estate and the interest conveyed. The GRANTOR assumes NO personal liability by reason of this conveyance, and the covenants herein are made only in the GRANTOR's representative capacity. The GRANTOR does NOT warrant against:

• Defects in title existing prior to the Decedent's ownership;
• Liens or encumbrances created by the Decedent or by prior owners;
• Claims of persons NOT claiming by, through, or under the GRANTOR in a representative capacity.

Section 3.4 Statutory References

This conveyance is made pursuant to:

• T.C.A. Title 30 (Administration of Estates)
• T.C.A. §§ 30-2-401, 30-2-402 (Sale of realty to pay debts; jurisdiction)
• T.C.A. § 31-2-103 (Vesting of real property; power of personal representative)
• T.C.A. § 35-50-110 (Enumerated fiduciary powers incorporated by reference)
• T.C.A. § 66-5-103 (Words of conveyance)
• T.C.A. § 67-4-409 (Recordation / realty transfer tax)

ARTICLE IV: EXCEPTIONS AND RESERVATIONS

Section 4.1 Subject To

This conveyance is made subject to:

(a) Real property taxes for the year 20_____ and thereafter, which are a lien but not yet due and payable;

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

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

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

(e) Rights of parties in possession;

(f) Claims of creditors of the estate and rights of interested persons as provided by law;

(g) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE V: TENNESSEE TRANSFER TAX (RECORDATION TAX)

Section 5.1 Transfer Tax (T.C.A. § 67-4-409)

Transfer Tax Rate: $0.37 per $100 of the greater of consideration or value.

Consideration/Value: $_____________________

Transfer Tax Due: $_____________________

Section 5.2 Affidavit of Value

I (we) hereby swear (or affirm) that the actual consideration or value, whichever is greater, for this transfer is $_____________________.

_____________________________________________
Affiant (Grantor as Personal Representative, or Grantee)

Sworn to and subscribed before me this _____ day of _________________, 20_____.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

WARNING: Misrepresentation of value is perjury under Tennessee law.

Section 5.3 Exemption

☐ This transfer is exempt from transfer tax. Exemption reason:
_____________________________________________

ARTICLE VI: EXECUTION (Representative Capacity)

Section 6.1 Grantor's Signature

IN WITNESS WHEREOF, the GRANTOR, as personal representative and not individually, has hereunto set the GRANTOR's hand and seal this day and year first above written.

GRANTOR — PERSONAL REPRESENTATIVE:

_____________________________________________ (SEAL)
Signature

_____________________________________________
Printed Name, as [Executor/Administrator] of the
Estate of _________________________, Deceased

_____________________________________________ (SEAL)
Signature (Co-Personal Representative, if any)

_____________________________________________
Printed Name, as Co-Personal Representative

Section 6.2 Joinder of Heirs/Devisees (if applicable)

_____________________________________________ (SEAL)
Signature — Heir/Devisee

_____________________________________________
Printed Name

ARTICLE VII: ACKNOWLEDGMENT (Representative Capacity)

Section 7.1 Tennessee Acknowledgment

STATE OF TENNESSEE
COUNTY OF _________________

Before me, _________________________, a Notary Public of the State and County aforesaid, personally appeared _________________________, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who, upon oath, acknowledged himself/herself to be the Personal Representative ([Executor/Administrator]) of the Estate of _________________________, Deceased, the GRANTOR in the foregoing instrument, and that he/she, as such personal representative being authorized to do so, executed the foregoing instrument in such representative capacity for the purposes therein contained.

WITNESS my hand and seal at office, this _____ day of _________________, 20_____.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 7.2 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

Before me, _________________________, a Notary Public of the State and County aforesaid, personally appeared _________________________, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who acknowledged himself/herself to be the Personal Representative of the Estate of _________________________, Deceased, and that he/she executed the foregoing instrument in such representative capacity for the purposes therein contained.

WITNESS my hand and seal, this _____ day of _________________, 20_____.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

Situated in _________________ County, Tennessee:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Being the same property conveyed to the Decedent in Book _______, Page _______, Register's Office of _________________ County, Tennessee.

Tax Map/Parcel ID: _____________________________________________

TENNESSEE RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Documents to Accompany Recording

1. Certified copy of Letters [Testamentary / of Administration] evidencing the Grantor's authority.
2. Certified copy of the court order authorizing sale of realty, if conveyance is made under T.C.A. §§ 30-2-401/402 rather than a will power of sale.
3. Affidavit of consideration/value unless the transfer is exempt.

Tennessee Realty Transfer Tax (T.C.A. § 67-4-409)

Important Tennessee Notes

1. Title Vests at Death: Real property vests in heirs/devisees at death (T.C.A. § 31-2-103), subject to the personal representative's authority. If the will vests title or a power of sale in the personal representative, the personal representative may sell and convey without the joinder of heirs/devisees; otherwise the heirs/devisees must join, or the court must order the sale (T.C.A. §§ 30-2-401, 30-2-402).

2. Fiduciary Conveyance: This deed conveys only the estate's interest and carries only a limited fiduciary warranty. The Grantor signs as personal representative and incurs no personal liability.

3. No Survivorship in Joint Tenancy: T.C.A. § 66-1-107 abolished survivorship in joint tenancy; use "tenants by the entirety" for married couples or expressly create survivorship.

4. Affidavit of Value / Perjury: The sworn statement of value must appear on the deed for taxable transfers; misrepresentation is perjury.

5. Title Insurance: Grantees should obtain title insurance, especially given the limited warranty nature of this deed.

6. Legal Counsel: Consultation with a licensed Tennessee attorney is recommended.

THIS INSTRUMENT PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone

_____________________________________________
Tennessee Bar Number (if attorney)

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