Personal Representative's Deed (Independent Executor's Deed) - Texas

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.

IMPORTANT LEGAL NOTICE
This template is provided for general informational purposes only and does not constitute legal advice. This is a fiduciary conveyance by a personal representative. It conveys only the estate's interest and provides only a LIMITED (special) warranty restricted to acts of the Grantor in a representative capacity. The Grantor does NOT warrant against title defects from the decedent or prior owners and assumes NO personal liability. Consult a qualified Texas probate/real estate attorney and obtain title insurance before use.

PERSONAL REPRESENTATIVE'S DEED

(Independent Executor's Deed)

State of Texas

RECORDING INFORMATION

After Recording Return To:

Name: ________________________________________
Address: _____________________________________
City, State, ZIP: _____________________________

Prepared By:

Name: ________________________________________
Address: _____________________________________
State Bar No.: ________________________________

Grantee's Mailing Address:

________________________________________
________________________________________

DEED INFORMATION

PARTIES

GRANTOR (Personal Representative — Fiduciary Capacity):

Name: [GRANTOR FULL LEGAL NAME]

Capacity:
☐ Independent Executor of the Estate of [DECEDENT]
☐ Independent Administrator of the Estate of [DECEDENT]
☐ Independent Administrator with Will Annexed of the Estate of [DECEDENT]
☐ Dependent Executor/Administrator of the Estate of [DECEDENT] (court-ordered sale required)

Mailing Address: [FULL ADDRESS]

The Grantor acts solely in the representative capacity stated above and not individually.

GRANTEE (Buyer/New Owner):

Name: [GRANTEE FULL LEGAL NAME]

Mailing Address: [FULL ADDRESS]

Manner of Holding Title:
☐ As a single person
☐ As husband and wife, as community property
☐ As husband and wife, as community property with right of survivorship
☐ As joint tenants with right of survivorship
☐ As tenants in common (____% and ____%)
☐ As a Texas limited liability company
☐ As a Texas corporation
☐ As Trustee of [Trust Name]

APPOINTMENT AND AUTHORITY

Appointment Recital

The Grantor was duly appointed and qualified as the personal representative of the Estate of [DECEDENT] ("Decedent") by the [Statutory Probate Court / County Court at Law / Constitutional County Court] of [COUNTY] County, Texas, in Cause No. [PROBATE CAUSE NUMBER]. Letters [Testamentary / of Administration] were issued to the Grantor on [DATE] and remain in full force and effect, the Grantor's authority not having been revoked, suspended, or terminated.

Authority to Sell and Convey

The Grantor conveys the Property pursuant to the authority indicated:

☐ Independent administration — power of sale under the Will. The Decedent's Will, admitted to probate, expressly grants the independent executor the power to sell and convey real property (Article/Paragraph _______). Under Tex. Est. Code § 402.051, an independent executor, in addition to any power of sale given in the will, and an independent administrator have the same power of sale for the same purposes as a personal representative in a supervised administration, but without the requirement of court approval. NO COURT ORDER IS REQUIRED for this conveyance.

☐ Independent administration — power of sale by court order/agreement. The will does not grant a power of sale (or there is no will). The court included a power of sale in the order appointing the independent executor/administrator, consented to by the distributees, pursuant to Tex. Est. Code § 401.006. The Grantor may sell the Property under that authority without the further consent of those distributees and without further court order.

☐ Dependent administration — court-ordered sale. This sale was applied for under Tex. Est. Code § 356.251 and was ordered and confirmed by the court by order entered [DATE] (Tex. Est. Code §§ 356.551–356.558). A certified copy of the order of sale and decree confirming sale is referenced or recorded herewith.

A purchaser dealing with an independent executor/administrator exercising a power of sale is not required to inquire into the necessity or propriety of the sale.

CONVEYANCE

Granting Clause

KNOW ALL PERSONS BY THESE PRESENTS:

That [GRANTOR NAME], solely as [Independent Executor / Independent Administrator] of the Estate of [DECEDENT] and not individually ("Grantor"), for and in consideration of the sum of [WRITTEN AMOUNT] AND NO/100 DOLLARS ($[NUMERIC]) and other good and valuable consideration to the estate in hand paid by [GRANTEE NAME] ("Grantee"), the receipt and sufficiency of which are hereby acknowledged, and by virtue of the authority recited above, has GRANTED, SOLD, AND CONVEYED, and by these presents does GRANT, SELL, AND CONVEY WITH LIMITED (SPECIAL) WARRANTY OF TITLE unto Grantee all of the right, title, and interest of the Decedent and of the estate in and to that certain property situated in [COUNTY] County, Texas, and more particularly described in Exhibit A attached hereto and made a part hereof for all purposes (the "Property").

Property Conveyed

Together with all and singular the rights, privileges, and appurtenances thereto belonging, including but not limited to:

☐ All improvements, buildings, structures, and fixtures
☐ All easements and rights-of-way appurtenant to the Property
☐ All rights in and to adjacent streets, alleys, and roads
☐ Any and all rights, title, and interest of the estate in and to any land lying in the bed of any street, road, or highway in front of or adjoining the Property

Habendum Clause

TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee, Grantee's heirs, successors, and assigns forever.

LIMITED (FIDUCIARY) WARRANTY

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.

Scope of Special Warranty — Acts of the Grantor Only

The Grantor binds the estate to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee, Grantee's heirs, successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof BY, THROUGH, OR UNDER THE GRANTOR IN THE GRANTOR'S REPRESENTATIVE CAPACITY, BUT NOT OTHERWISE, subject to the matters set forth herein.

THIS IS A SPECIAL WARRANTY DEED BY A FIDUCIARY. The Grantor does NOT warrant against:

☐ Claims arising before the Decedent acquired title
☐ Defects created by the Decedent or by prior owners
☐ Encumbrances not created by the Grantor in a representative capacity
☐ Claims of parties not claiming under the Grantor in a representative capacity

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 all covenants herein are made only in the Grantor's representative capacity.

Implied Covenants Under Texas Law

Pursuant to Tex. Prop. Code § 5.023, the words "grant" and "convey" in this deed imply only that the Grantor (in a representative capacity) has not previously conveyed the Property and that the Property is free from encumbrances created by the Grantor (other than those disclosed herein).

EXCEPTIONS TO WARRANTY

This conveyance is made and accepted SUBJECT TO the following:

Standard Exceptions

☐ Taxes for the current year, prorated as of closing
☐ Visible and apparent easements on the Property
☐ All presently recorded and validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests, and easements, if any, affecting the Property
☐ Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements
☐ Rights of parties in possession
☐ Claims of creditors of the estate and rights of distributees as provided by law

Specific Exceptions

1. [LIEN/ENCUMBRANCE DESCRIPTION]
   Recorded in Volume _____, Page _____ (or Instrument No. _________), Real Property Records of [COUNTY] County, Texas

2. [EASEMENT DESCRIPTION]
   Recorded in Volume _____, Page _____ (or Instrument No. _________), Real Property Records of [COUNTY] County, Texas

☐ See Exhibit B for additional exceptions

ADDITIONAL PROVISIONS

Ad Valorem Taxes

Real property taxes for the year of closing shall be prorated as of the date of closing. Grantee assumes responsibility for all taxes for subsequent years.

Mineral Interests (if applicable)

☐ All oil, gas, and mineral rights owned by the estate are conveyed with the surface estate
☐ The following mineral interests are excepted and reserved: [DESCRIPTION]

FIRPTA Compliance

☐ The Decedent's estate is not a "foreign person" as defined in 26 U.S.C. § 1445
☐ FIRPTA withholding applies; certificate attached

EXECUTION (Representative Capacity)

EXECUTED this _____ day of _________________, 20_____.

GRANTOR SIGNATURE — PERSONAL REPRESENTATIVE

________________________________________
[GRANTOR NAME], solely as
[Independent Executor / Independent Administrator]
of the Estate of [DECEDENT], Deceased,
and not individually

ACKNOWLEDGMENT (Representative Capacity)

Fiduciary Acknowledgment

STATE OF TEXAS          §
                        §
COUNTY OF _____________ §

Before me, the undersigned notary public, on this _____ day of _____________,
20_____, personally appeared ____________________________________________,
known to me (or proved to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to the foregoing instrument as
[Independent Executor / Independent Administrator] of the Estate of
______________________________, Deceased, and acknowledged to me that he/she
executed the same in such representative capacity for the purposes and
consideration therein expressed.

Given under my hand and seal of office this _____ day of _____________, 20_____.

________________________________________
Notary Public, State of Texas
My Commission Expires: _________________

[NOTARY SEAL]

Out-of-State Acknowledgment

STATE OF _____________  §
                        §
COUNTY OF _____________ §

Before me, the undersigned notary public, on this _____ day of _____________,
20_____, personally appeared ____________________________________________,
known to me (or proved to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to the foregoing instrument as personal
representative of the Estate of ______________________________, Deceased, and
acknowledged to me that he/she executed the same in such representative capacity
for the purposes and consideration therein expressed.

Given under my hand and seal of office this _____ day of _____________, 20_____.

________________________________________
Notary Public
My Commission Expires: _________________

[NOTARY SEAL]

EXHIBIT A – LEGAL DESCRIPTION

Property Address:
[STREET ADDRESS]
[CITY], Texas [ZIP]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION FROM TITLE COMMITMENT OR SURVEY]

Example formats:

• Lot ___, Block ___, [SUBDIVISION NAME], an addition to the City of [CITY], [COUNTY] County, Texas, according to the map or plat thereof recorded in Volume ___, Page ___, Plat Records of [COUNTY] County, Texas.

• [METES AND BOUNDS DESCRIPTION]

County: [COUNTY], Texas

EXHIBIT B – SPECIFIC EXCEPTIONS (If Applicable)

[List all specific encumbrances, liens, easements, and restrictions that remain after closing]

1. ________________________________________________________________

2. ________________________________________________________________

3. ________________________________________________________________

TEXAS RECORDING REQUIREMENTS

Filing Information

• Filing Office: County Clerk, [COUNTY] County, Texas
• Probate Court: Statutory Probate Court (in counties that have one), County Court at Law, or Constitutional County Court
• Recording Fee: Varies by county (typically $26 for first page + $4 per additional page)
• In-Person Presentation: An individual presenting the Deed in person must show photo identification meeting Tex. Prop. Code § 12.001(b)(2) and Tex. Loc. Gov't Code § 191.010.
• Documentary Transfer Tax: Texas imposes NO real estate transfer tax

Document Requirements

☐ Original signature of the personal representative (a printed/tangible copy of an electronically signed and notarized deed may be recorded only if a notary public or other authorized officer attaches a sworn "Declaration of Authenticity" to it, per Tex. Prop. Code § 12.0013)
☐ Proper notarial acknowledgment in representative capacity (no subscribing witnesses required)
☐ Confidentiality notice included (for natural persons)
☐ Grantee's mailing address stated
☐ Minimum 8-point font; 1-inch top margin on first page (preferred)

Supporting Documents (commonly required by title companies / clerk)

1. Certified copy of Letters [Testamentary / of Administration] evidencing the Grantor's authority (often required to be recent, e.g., within 60 days).
2. Certified copy of the will containing the power of sale (independent administration under the will).
3. Certified copy of the order appointing the independent executor/administrator including any § 401.006 power of sale.
4. Certified copy of the order of sale and decree confirming sale (dependent administration only, §§ 356.251, 356.551–356.558).

INDEPENDENT ADMINISTRATION NOTE

NO COURT ORDER IS NEEDED for an independent executor (or independent administrator) to sell and convey estate real property when the power of sale is granted by the will or by the order of appointment (Tex. Est. Code §§ 402.051, 401.006). A court order of sale is required only in a dependent administration (Tex. Est. Code § 356.251 et seq.). Where the will grants no power of sale and the order of appointment includes none, the distributees may need to join in the deed.

TITLE INSURANCE NOTICE

IMPORTANT: Because this is a fiduciary deed with a LIMITED warranty, Grantee is STRONGLY ADVISED to obtain an owner's policy of title insurance from a licensed Texas title insurance company. Title insurance will protect against defects from the Decedent and prior owners that are not covered by this deed's limited warranty.

☐ Grantee acknowledges receipt of this recommendation

END OF PERSONAL REPRESENTATIVE'S (INDEPENDENT EXECUTOR'S) DEED

Texas Estates Code, Subtitle I (Independent Administration); Texas Property Code, Title 2, Chapter 5