Personal Representative's Deed - Utah

PERSONAL REPRESENTATIVE'S DEED

State of Utah

Recording Requested By:
_____________________________________________

When Recorded Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Grantee Mailing Address (Required):
_____________________________________________

Property Address:
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE

DOCUMENT INFORMATION

PERSONAL REPRESENTATIVE'S DEED

Pursuant to Utah Code Title 75, Chapter 3, Part 7

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 of Personal Representative: _____________________________________________

acting solely in his/her/their representative capacity as the duly appointed, qualified, and acting Personal Representative of the Estate of

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

and not individually.

Mailing Address of Personal Representative:
_____________________________________________
_____________________________________________

Section 1.2 Appointment Recital

The Grantor was appointed personal representative of the Decedent's estate by/through the [☐ District Court of _________________ County, Utah / ☐ informal appointment proceedings before the Registrar] in the matter of the Estate of _________________________, Probate 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were issued to the Grantor on [__/__/____] and remain in full force and effect, the Grantor's authority not having been revoked, suspended, or terminated.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)

The Grantor conveys the property described below pursuant to the authority indicated:

☐ Power of sale conferred by the Decedent's Will (Article/Section _______ of the Will admitted to probate), authorizing the personal representative to sell and convey real property of the estate.

☐ Statutory authority under Utah Code § 75-3-714, the personal representative being authorized to acquire or dispose of an asset, including land in this or another state, for cash or on credit, at public or private sale (§ 75-3-714(6)), and to sell, mortgage, or lease any real property of the estate or any interest in it (§ 75-3-714(23)), together with full power over the title to the property of the estate under § 75-3-711. Pursuant to Utah Code § 75-3-704, a personal representative may proceed with administration, including the sale of estate property, without adjudication, order, or direction of the court, except as otherwise specified.

☐ Order of the District Court authorizing/confirming this sale, entered [__/__/____] (applicable where administration is supervised under Utah Code § 75-3-501 et seq.), a certified copy of which is referenced or recorded herewith.

Section 1.4 Grantee(s)

Name(s): _____________________________________________

Mailing Address (Required):
_____________________________________________
_____________________________________________

Vesting:
☐ A single person
☐ A married man/woman as his/her sole and separate property
☐ Husband and wife, as joint tenants with full rights of survivorship
☐ Husband and wife, as tenants in common
☐ An unmarried person
☐ As joint tenants with full rights of survivorship, and not as tenants in common
☐ As tenants in common
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

ARTICLE II: CONVEYANCE

Section 2.1 Consideration and Granting Clause

[GRANTOR NAME], as Personal Representative of the Estate of the Decedent and not individually, of [CITY], County of [COUNTY], State of Utah, by virtue of the authority recited above, for the sum of $_____________________ (____________________ Dollars) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby CONVEYS to [GRANTEE NAME], Grantee, of [CITY], County of [COUNTY], State of [STATE], all of the right, title, and interest of the Decedent and of the estate in and to the following described tract of land in [COUNTY] County, State of Utah:

Section 2.2 Legal Description

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

also known by street and number as: _____________________________________________

Tax Serial/Parcel Number: _____________________________________________

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

The Grantor CONVEYS AND WARRANTS AGAINST ALL PERSONS CLAIMING BY, THROUGH, OR UNDER THE GRANTOR IN THE GRANTOR'S REPRESENTATIVE CAPACITY, BUT AGAINST NONE OTHER. The Grantor covenants that the Grantor has done no act to encumber the property and will defend the title against the lawful claims of persons claiming by, through, or under the Grantor in such representative capacity only.

Section 3.3 Representative Capacity and Individual Liability

The Grantor makes the covenants in this deed as Personal Representative of the identified Estate. Under Utah Code § 75-3-808, individual liability on a fiduciary contract depends on the contract terms and disclosure of representative capacity and the estate. The representative may also be individually liable for obligations arising from ownership or control of the estate, or for torts during administration, when personally at fault. This deed does NOT warrant title against defects, liens, encumbrances, or claims arising before or during the Decedent's ownership, or arising from any source other than the act of the Grantor as Personal Representative.

Section 3.4 Statutory References

This conveyance is made pursuant to and in accordance with:

• Utah Code 75-3-711 (Powers over title to property of estate)
• Utah Code 75-3-713 (Protection of persons dealing with the personal representative)
• Utah Code 75-3-714 (Transactions authorized for personal representatives)
• Utah Code 75-3-704 (Personal representative to proceed without court order)
• Utah Code 75-3-715 (Powers and duties of successor personal representative)
• Utah Code 57-1-12 (Form and effect of warranty deed)
• Utah Code 57-3-102 (Recording requirements)

ARTICLE IV: EXCEPTIONS AND RESERVATIONS

Section 4.1 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) 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: ADDITIONAL PROVISIONS

Section 5.1 Water Rights (if applicable)

☐ All water rights appurtenant to the property are conveyed herewith
☐ Water rights are specifically excluded from this conveyance
☐ No water rights are appurtenant to the property

Section 5.2 Protection of Purchaser

Under Utah Code § 75-3-713, a person dealing with the personal representative in good faith and for value is protected as though the representative properly exercised the power. Dealing with a representative does not, by itself, require an inquiry into the existence of authority or the propriety of its exercise.

ARTICLE VI: EXECUTION (Representative Capacity)

Section 6.1 Grantor's Signature

WITNESS the hand of said Grantor, as Personal Representative and not individually, this _____ day of _________________, 20_____.

GRANTOR — PERSONAL REPRESENTATIVE:

_____________________________________________
Signature

_____________________________________________
Printed Name, as Personal Representative of the
Estate of _________________________, Deceased

Date: _____________________________________________

_____________________________________________
Signature (Co-Personal Representative, if any)

_____________________________________________
Printed Name, as Co-Personal Representative

Date: _____________________________________________

ARTICLE VII: ACKNOWLEDGMENT (Representative Capacity)

Section 7.1 Utah Acknowledgment

STATE OF UTAH
COUNTY OF _________________

On the _____ day of _________________, 20_____, personally appeared before me _____________________________________________, who being by me duly sworn (or affirmed), did say that he/she/they is/are the Personal Representative of the Estate of _________________________, Deceased, and that the foregoing instrument was signed by him/her/them on behalf of said estate by authority of law, and he/she/they acknowledged to me that he/she/they executed the same in such representative capacity.

_____________________________________________
Notary Public

Residing at: _____________________________________________

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 7.2 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

On the _____ day of _________________, 20_____, personally appeared before me _____________________________________________, the signer of the above instrument as Personal Representative of the Estate of _________________________, Deceased, who duly acknowledged to me that he/she/they executed the same in such representative capacity.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

County of _________________, State of Utah

Tax Serial/Parcel Number: _____________________________________________

UTAH RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Documents to Accompany Recording

1. Certified copy of Letters [Testamentary / of Administration] evidencing the Grantor's authority.
2. Original or certified death certificate — commonly recorded with a personal representative's deed.
3. Certified copy of the court order confirming the sale, if conveyance is made in a supervised administration under court order rather than under § 75-3-714.

Transfer Tax

Utah does NOT impose a state real estate transfer tax.

Important Legal Notes

1. Fiduciary Conveyance: This deed conveys only the estate's interest and carries only a limited fiduciary warranty. The Grantor signs as Personal Representative; individual liability remains subject to Utah Code § 75-3-808.

2. No Court Order Generally Required: Under Utah Code § 75-3-704, a personal representative may proceed with administration — including the sale of estate real property under § 75-3-714 — without an order of the court, except in a supervised administration or where the will or a court order provides otherwise.

3. Record Death Certificate and Letters: Utah practice is to record a personal representative's deed together with the death certificate and the letters evidencing authority.

4. Trust Deeds: Utah primarily uses trust deeds (deeds of trust) rather than mortgages.

5. Race-Notice State: Utah follows a race-notice recording system; record promptly.

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

7. Legal Counsel: Consultation with a licensed Utah attorney is recommended.

PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone/Email

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