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

PERSONAL REPRESENTATIVE'S DEED

(Executor's / Administrator's Deed)

State of Vermont

Recording Requested By:
_____________________________________________

When Recorded Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Grantee Mailing Address (Required):
_____________________________________________

Property Address:
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE

DOCUMENT INFORMATION

PROPERTY TRANSFER TAX DECLARATION

Form PTT-172 (Vermont Property Transfer Tax Return) is attached and required to be filed with this deed.

Consideration: $_______________

Property Transfer Tax Calculation (Effective August 1, 2024):

☐ Principal Residence:
| Component | Rate | Amount |
|-----------|------|--------|
| First $200,000 | 0.5% | $_____________ |
| Amount over $200,000 | 1.25% + 0.22% Clean Water = 1.47% | $_____________ |
| Total Tax Due | | $_____________ |

☐ Non-Principal Residence (fit for year-round habitation, non-long-term rental):
| Component | Rate | Amount |
|-----------|------|--------|
| Total Value | 3.40% + 0.22% Clean Water = 3.62% | $_____________ |
| Total Tax Due | | $_____________ |

☐ This transfer is EXEMPT from Property Transfer Tax. Exemption: _____________________________________________

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: _____________________________________________

acting solely in his/her/their representative capacity as the duly appointed, qualified, and acting [☐ Executor / ☐ Administrator / ☐ Administrator with the Will Annexed] of the Estate of

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

and not individually.

Mailing Address of Grantor:
_____________________________________________
_____________________________________________

Section 1.2 Appointment Recital

The Grantor was duly appointed and qualified as the [executor/administrator] of the Decedent's estate by the Probate Division of the Superior Court, _________________ Unit (_________________ County), Vermont, in the matter of the Estate of _________________________, Docket 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 (License to Sell / Power to Convey)

In Vermont, an executor or administrator may sell and convey a decedent's real estate only as authorized under 14 V.S.A. Chapter 75. The Grantor conveys pursuant to the authority indicated:

☐ License to sell granted by the Probate Division under 14 V.S.A. § 1651, the court having found the sale necessary or beneficial. The license/order of sale was granted [__/__/____], and a certified copy of the license to sell real estate (or order of sale) is recorded in these Land Records as required by 14 V.S.A. § 1651(8).

☐ Testamentary power of sale conferred by the Decedent's Will. Where the power to sell is expressly conferred by the will, the Probate Division issues a license to sell without notice or hearing as to property subject to the testamentary power (except a dwelling in which a surviving spouse, heir, devisee, or legatee resides), pursuant to 14 V.S.A. § 1651(10).

☐ License to convey under contract of the Decedent pursuant to 14 V.S.A. § 1659, the Decedent having contracted to convey the real estate and the other party having performed or being ready to perform.

A deed executed by the executor or administrator under such authority is valid to convey the real estate authorized to be conveyed, as provided in 14 V.S.A. §§ 1652 and 1659.

Section 1.4 Grantee(s)

Name(s): _____________________________________________

Mailing Address (Required):
_____________________________________________
_____________________________________________

Vesting:
☐ A single person
☐ A married person dealing with his/her sole and separate property
☐ Husband and wife, as joint tenants with right of survivorship
☐ Husband and wife, as tenants in common
☐ An unmarried person
☐ As joint tenants with right 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

For the consideration of $_____________________ (____________________ Dollars) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor, as [Executor/Administrator] of the Estate of the Decedent and not individually, by virtue of the authority recited above, hereby GRANTS, BARGAINS, SELLS, AND CONVEYS unto Grantee, and Grantee's heirs, successors, 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 Town/City of _________________, County of _________________, State of Vermont, described as follows:

Section 2.2 Legal Description

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

Prior Deed Reference (for chain of title):
Being all or a portion of the same premises conveyed to the Decedent by deed of _________________________ dated _________________, 20_____, and recorded in the Land Records of the Town/City of _________________ in Book _______, Page _______.

also known by street and number as: _____________________________________________

Parcel ID/SPAN: _____________________________________________

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 [Executor/Administrator] 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 covenants with Grantee that the Grantor has done no act to encumber the premises and that the Grantor WARRANTS AND WILL FOREVER DEFEND the premises against the lawful claims and demands of all persons claiming by, through, or under the Grantor in the Grantor's representative capacity, but against none other. This conveyance carries only the limited warranty of a fiduciary.

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, 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 [Executor/Administrator].

Section 3.4 Statutory References

This conveyance is made pursuant to and in accordance with:

• 14 V.S.A. Chapter 75 (License to Sell and Convey Real and Personal Property)
• 14 V.S.A. § 1651 (License to sell estate; procedure)
• 14 V.S.A. § 1652 (Deed of executor or administrator; effect)
• 14 V.S.A. § 1659 (License when deceased under contract to convey)
• 27 V.S.A. Chapter 5 (Conveyance of Real Estate)
• 27 V.S.A. § 341 (Acknowledgment; recording)
• 32 V.S.A. Chapter 231 (Property Transfer Tax)

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 Property Transfer Tax Certification

The undersigned certifies that:

☐ The Property Transfer Tax has been paid as required by 32 V.S.A. Chapter 231.

☐ This transfer is exempt from Property Transfer Tax because:
_____________________________________________

Section 5.2 Vermont Housing Finance Agency/USDA Exemption

☐ The first $250,000 of value is exempt because the buyer obtained a mortgage loan made by the U.S. Department of Agriculture and Rural Development or purchased by the Vermont Housing and Finance Agency.

Section 5.3 Landlord Certificate Requirement

If this property is or has been used as rental property:

☐ Not applicable — property has not been used as a rental
☐ Landlord Certificate has been filed with the Vermont Department of Taxes

ARTICLE VI: EXECUTION (Representative Capacity)

Section 6.1 Grantor's Signature

IN WITNESS WHEREOF, the Grantor, as [Executor/Administrator] 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] of the
Estate of _________________________, Deceased

Date: _____________________________________________

_____________________________________________
Signature (Co-Fiduciary, if any)

_____________________________________________
Printed Name, as Co-[Executor/Administrator]

Date: _____________________________________________

ARTICLE VII: WITNESS (Customary but not required)

_____________________________________________
Witness Signature

_____________________________________________
Witness Printed Name

ARTICLE VIII: ACKNOWLEDGMENT (Representative Capacity)

Section 8.1 Vermont Acknowledgment

STATE OF VERMONT
COUNTY OF _________________

At _________________ [town/city], in said County, this _____ day of _________________, 20_____, personally appeared _____________________________________________, [Executor/Administrator] of the Estate of _________________________, Deceased, and he/she/they acknowledged this instrument, by him/her/them signed in such representative capacity, to be his/her/their free act and deed and the free act and deed of said estate.

Before me,

_____________________________________________
Notary Public

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 _____________________________________________, [Executor/Administrator] of the Estate of _________________________, Deceased, and acknowledged this instrument, signed in such representative capacity, to be his/her/their free act and deed.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Town/City of _________________, County of _________________, State of Vermont

Parcel ID/SPAN: _____________________________________________

VERMONT RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

IMPORTANT: Unlike most states, Vermont does NOT have a county recording system. All land records are maintained at the town or city level. Record the deed at the town or city clerk's office where the property is located.

Documents to Accompany Recording

1. Certified copy of the License to Sell Real Estate (or order of sale) under 14 V.S.A. § 1651 — a certified copy must be recorded in the office where the deed is recorded (14 V.S.A. § 1651(8)).
2. Form PTT-172 (Property Transfer Tax Return) — required with all deeds; tax paid before recording.
3. Certified copy of Letters [Testamentary / of Administration] evidencing the Grantor's authority.

Recording Fees (32 V.S.A. § 1671)

Property Transfer Tax (32 V.S.A. Chapter 231) — Effective August 1, 2024

Principal Residence: First $200,000 at 0.5%; over $200,000 at 1.25% General + 0.22% Clean Water = 1.47%.

Non-Principal Residence (fit for year-round habitation, non-long-term rental): Total value at 3.40% General + 0.22% Clean Water = 3.62%.

Important Legal Notes

1. License to Sell Required: A Vermont executor or administrator may convey a decedent's real estate only after the Probate Division grants a license to sell (14 V.S.A. § 1651), unless the will confers a testamentary power of sale (§ 1651(10)) or the sale is under a contract of the decedent (§ 1659). Record a certified copy of the license/order with the deed.

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

3. Town/City Recording: Vermont records at the municipal level, not the county level.

4. Transfer Tax / Buyer Liability: The buyer/grantee is liable for the transfer tax when transfer is by deed, though parties may negotiate; the tax must be paid before recording.

5. Landlord Certificates: Required annually (by January 31) for rental properties.

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

7. Legal Counsel: Consultation with a licensed Vermont 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 Vermont attorney before using this form.