Personal Representative's Deed (Executor's Deed) - Virginia

PERSONAL REPRESENTATIVE'S DEED (EXECUTOR'S DEED)

Commonwealth of Virginia

Prepared By:
_____________________________________________

If this deed conveys residential property with no more than four dwelling units (Va. Code § 17.1-223(B)(ii)): Title insurance underwriter insuring this deed: [UNDERWRITER NAME] ☐ Existence of title insurance is unknown to the preparer.

For that residential property, unless a statutory exception applies (Va. Code § 17.1-223(B)(iii)): This deed was prepared by ☐ the owner of the real property ☐ [ATTORNEY NAME], an attorney licensed in Virginia, Virginia State Bar No. [________].

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Tax Map Reference:
_____________________________________________

SPACE ABOVE THIS LINE FOR CLERK'S USE

DOCUMENT INFORMATION

Consideration or Value: $_____________________

PERSONAL REPRESENTATIVE'S DEED

THIS PERSONAL REPRESENTATIVE'S DEED (this "Deed") is made this _____ day of _________________, 20_____,

ARTICLE I: PARTIES

Section 1.1 Grantor (Personal Representative)

BY AND BETWEEN:

_____________________________________________
(Name of Personal Representative)

not individually, but solely in the fiduciary capacity of:

☐ Executor ☐ Administrator c.t.a. ☐ Administrator ☐ Co-Personal Representative

of the Estate of _________________________ (the "Decedent"), who died on _____ day of _________________, 20_____,

whose fiduciary mailing address is _____________________________________________

hereinafter referred to as the "Grantor" or the "Personal Representative" (whether one or more).

Section 1.2 Qualification and Authority of Record

The Grantor qualified and was granted ☐ Letters Testamentary ☐ Letters of Administration with the Will Annexed ☐ Letters of Administration before the Clerk of the Circuit Court of _________________, Virginia, on _____ day of _________________, 20_____, in Probate/Fiduciary No. _____________, and such qualification remains in full force and effect and has not been revoked, suspended, or terminated.

Section 1.3 Grantee(s)

AND:

_____________________________________________
(Name)

whose address is _____________________________________________
_____________________________________________

Vesting:
☐ An unmarried person
☐ A married person, as his/her sole and separate property
☐ Husband and wife, as tenants by the entireties with right of survivorship
☐ As joint tenants with right of survivorship
☐ As tenants in common
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

hereinafter referred to as "Grantee" (whether one or more).

ARTICLE II: AUTHORITY FOR CONVEYANCE

Section 2.1 Source of the Power of Sale

The Grantor makes this conveyance pursuant to the authority indicated below (check all that apply):

☐ Will power of sale. The Decedent's Last Will and Testament, admitted to probate in the above Clerk's Office, devises the real estate to be sold and/or grants the Personal Representative the power to sell and convey real estate (including by incorporation of the fiduciary powers set forth in Va. Code § 64.2-105), authorizing this conveyance under Va. Code § 64.2-521.

☐ Court order / confirmation. This conveyance is made pursuant to an Order of the Circuit Court of _________________, Virginia, entered _____/_____/__________, authorizing and/or confirming the sale of the real estate described herein.

Section 2.2 Consideration

WITNESSETH: That for and in consideration of the sum of $_____________________ (____________________ Dollars), cash in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and which consideration is to be administered by the Personal Representative as an asset of the Estate,

Section 2.3 Granting Clause

The Grantor, solely in the Grantor's fiduciary capacity as Personal Representative of the Estate of the Decedent, and not individually, does hereby GRANT AND CONVEY, WITH LIMITED (SPECIAL) WARRANTY, unto the Grantee, all of the Estate's right, title, and interest in and to the following described property:

Section 2.4 Legal Description

All that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being in the ☐ City ☐ County of _________________, Virginia, and more particularly described as follows:

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

Property Address: _____________________________________________

Tax Map Reference: _____________________________________________

Being the same property that vested in the Estate of the Decedent and/or was conveyed to the Decedent by deed dated _________________, recorded in the Clerk's Office of the Circuit Court of _________________, Virginia, in Deed Book _____, Page _____, or as Instrument Number _____________.

ARTICLE III: LIMITED (FIDUCIARY) WARRANTY

Section 3.1 Special Warranty in Representative Capacity (Va. Code § 55.1-355, § 55.1-356)

The words "WITH LIMITED (SPECIAL) WARRANTY" in this Deed shall have the meaning ascribed by Va. Code § 55.1-355 and § 55.1-356; provided, however, that such warranty is given by the Grantor solely in the Grantor's representative capacity as Personal Representative and does not alter the statutory effect of that warranty. The Grantor covenants that the Grantor will warrant and defend the property hereby conveyed against the claims and demands of all persons claiming or to claim by, through, or under the Grantor in the Grantor's fiduciary capacity, but against none other.

Section 3.2 Acts of the Personal Representative Only

The limited warranty contained herein extends only to acts or omissions of the Personal Representative during the administration of the Estate. The Grantor does NOT warrant against:

• Defects in title existing prior to the Decedent's ownership or arising during 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 the Grantor's representative capacity.

Section 3.3 Representative Capacity; Individual Conduct

The Grantor executes this deed as Personal Representative of the Estate and not as an individual owner of the property. Nothing in this deed releases the Grantor from any liability imposed by law for the Grantor's own acts or omissions, or limits the statutory effect of the special warranty under Va. Code §§ 55.1-355 and 55.1-356.

Section 3.4 Statutory References

This conveyance is made pursuant to:

• Va. Code § 64.2-521 (Personal representatives to sell real estate devised to be sold)
• Va. Code § 64.2-105 (Incorporated fiduciary powers, including power of sale)
• Va. Code § 55.1-355, § 55.1-356 (Covenant of special warranty)
• Va. Code § 55.1-612 et seq. (Acknowledgment and recording)
• Va. Code § 58.1-801, § 58.1-802 (State recordation tax; grantor's tax)

ARTICLE IV: EXCEPTIONS AND RESERVATIONS

Section 4.1 Subject To

This conveyance is made expressly subject to:

(a) Real estate taxes for the current year and subsequent years;

(b) All applicable zoning ordinances, land use regulations, 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) All liens, debts, and claims that are or may be properly chargeable against the Estate and the property as administered by the Personal Representative;

(g) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE V: RECORDATION AND TRANSFER TAXES

Section 5.1 State Recordation Tax (Va. Code § 58.1-801)

Rate: $0.25 per $100 of consideration (or value, whichever is greater)

Consideration/Value: $_____________________

State Recordation Tax: $_____________________

Section 5.2 Grantor's Tax (Va. Code § 58.1-802)

Rate: $0.50 per $500 or fraction of consideration or value of the interest conveyed, whichever is greater, when that amount exceeds $100 (exclusive of liens remaining)

Consideration: $_____________________ Value of interest conveyed: $_____________________ Liens remaining: $_____________________

Grantor's Tax: $_____________________

Section 5.3 Local Recordation Tax

Rate: Up to 1/3 of state recordation tax (varies by locality)

Local Recordation Tax: $_____________________

Section 5.4 Northern Virginia Regional Fee (if applicable)

☐ Not Applicable - Property not in Northern Virginia Transportation Authority jurisdiction

☐ Applicable - Regional WMATA Capital Fee under Va. Code § 58.1-802.3: $0.10 per $100 or fraction (when consideration or value is at least $100)
Regional Fee: $_____________________

Section 5.5 Tax Exemption

☐ This transfer is exempt from recordation tax and/or grantor's tax pursuant to Va. Code § 58.1-810 or § 58.1-811.

Exemption claimed: _____________________________________________

ARTICLE VI: EXECUTION IN REPRESENTATIVE CAPACITY

Section 6.1 Grantor's Signature

WITNESS the following signature(s) of the Personal Representative, executed solely in a representative capacity and not individually:

GRANTOR — PERSONAL REPRESENTATIVE:

_____________________________________________ (SEAL)
Signature

_____________________________________________
Printed Name

as ☐ Executor ☐ Administrator c.t.a. ☐ Administrator of the Estate of _________________________, Deceased

Date: _____________________________________________

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

_____________________________________________
Printed Name

as ☐ Co-Executor ☐ Co-Administrator of the Estate of _________________________, Deceased

Date: _____________________________________________

ARTICLE VII: ACKNOWLEDGMENT

Section 7.1 Virginia Acknowledgment (Representative Capacity)

COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF _________________, to-wit:

The foregoing instrument was acknowledged before me this _____ day of _________________, 20_____, by _________________________, as ☐ Executor ☐ Administrator c.t.a. ☐ Administrator (Personal Representative) of the Estate of _________________________, Deceased, on behalf of the Estate.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

Notary Registration Number: _____________________________________________

[NOTARIAL SEAL]

Section 7.2 Out-of-State Acknowledgment (Representative Capacity)

STATE OF _________________
CITY/COUNTY OF _________________, to-wit:

The foregoing instrument was acknowledged before me this _____ day of _________________, 20_____, by _________________________, as Personal Representative of the Estate of _________________________, Deceased, on behalf of the Estate.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

All that certain lot or parcel of land lying and being situated in the ☐ City ☐ County of _________________, Virginia, and more particularly described as follows:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Tax Map/Parcel ID: _____________________________________________

VIRGINIA RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Virginia Transfer Taxes

Transfer Tax Exemptions (Va. Code § 58.1-810, § 58.1-811)

Common exemptions include deeds of gift, transfers to governmental entities, transfers between spouses, transfers to/from trusts, and correction deeds. Estate-related conveyances by a personal representative for value are generally taxable; verify the specific exemption before claiming.

Important Virginia Requirements for Personal Representative's Deeds

1. Title Vests in Heirs/Devisees: In Virginia, a decedent's real estate generally vests in the heirs or devisees at death. The Personal Representative may sell and convey only where the will grants a power of sale (e.g., devise to be sold under § 64.2-521, or incorporation of § 64.2-105 powers) or where the Circuit Court has ordered the sale.

2. Verify Source of Authority: Record the will (if testate) and confirm whether the authority arises from the will or a court order. In intestacy, a Circuit Court order is required.

3. Letters / Qualification: Attach or reference the certificate of qualification (Letters) issued by the Circuit Court Clerk.

4. Consideration Statement: Unless a compliant cover sheet is submitted, state the consideration and actual value on the first page as required by Va. Code § 17.1-223(A)(iii). The clerk may use other acceptable evidence to determine the tax under § 58.1-812(B).

5. Tax Certification: The Clerk will not record until taxes are paid and certification is affixed.

6. Representative Capacity: The Personal Representative signs and acknowledges in a fiduciary capacity; this deed does not excuse the representative’s own conduct from any liability imposed by law.

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

THIS INSTRUMENT PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone

_____________________________________________
Virginia State Bar Number (if attorney)

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