Personal Representative's Deed - Washington

PERSONAL REPRESENTATIVE'S DEED

State of Washington

Recording Requested By:
_____________________________________________

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Assessor's Property Tax Parcel/Account Number:
_____________________________________________

Abbreviated Legal Description:
_____________________________________________

Additional legal description is on page _____ of document.

3" x 3" SPACE FOR RECORDER'S USE (RCW 65.04.045)

DOCUMENT INFORMATION

PERSONAL REPRESENTATIVE'S DEED

Reference Number(s) of Documents Released or Assigned: _____________________________________________

Grantor(s): _________________________, as Personal Representative of the Estate of _________________________, Deceased

Grantee(s): _____________________________________________

Legal Description (abbreviated): _____________________________________________

Complete legal on Exhibit A

Assessor's Property Tax Parcel/Account Number: _____________________________________________

ARTICLE I: PARTIES

Section 1.1 Grantor (Personal Representative)

Name: _____________________________________________

not individually, but solely in the fiduciary capacity of:

☐ Personal Representative ☐ Administrator ☐ Executor ☐ Co-Personal Representative

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

Fiduciary Mailing Address:
_____________________________________________
_____________________________________________

Section 1.2 Appointment and Authority of Record

The Grantor was appointed and Letters ☐ Testamentary ☐ of Administration were issued by the Superior Court of the State of Washington for _________________ County on _____ day of _________________, 20_____, in Cause No. _____________, and such appointment remains in full force and effect and has not been revoked, suspended, or terminated.

Section 1.3 Grantee(s)

Name(s): _____________________________________________

Mailing Address:
_____________________________________________
_____________________________________________

Vesting:
☐ A single person
☐ A married person, as his/her separate estate
☐ Husband and wife / state registered domestic partners, as community property
☐ As joint tenants with right of survivorship
☐ As tenants in common
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

ARTICLE II: AUTHORITY FOR CONVEYANCE

Section 2.1 Source of the Power to Convey

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

☐ Statutory nonintervention authority (RCW 11.68.090). The Personal Representative has been granted nonintervention powers and is authorized to "mortgage, encumber, lease, sell, exchange, convey, assign, and otherwise transfer the decedent's real and personal property" and to exercise that power "without an order of the court and without notice to, direction from, approval by, confirmation by, or intervention of any court," pursuant to RCW 11.68.090 (powers granted under RCW 11.68.011).

☐ Will power of sale. The Decedent's Last Will and Testament, admitted to probate in the above Court, authorizes the Personal Representative to sell and convey real property.

☐ Court order / confirmation. This conveyance is made pursuant to an Order of the above Superior Court entered _____/_____/__________ authorizing and/or confirming the sale of the real property described herein under RCW 11.56.

Section 2.2 Granting Clause

THE GRANTOR, solely in the fiduciary capacity as Personal Representative of the Estate of the Decedent and not individually, for and in consideration of $_____________________ (____________________ Dollars) in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged and which is to be administered as an asset of the Estate,

hereby CONVEYS AND SPECIALLY WARRANTS to the Grantee(s) named above all of the Estate's right, title, and interest in the following described real estate, situated in the County of _________________, State of Washington:

Section 2.3 Legal Description

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

Property Address: _____________________________________________

Assessor's Tax Parcel Number: _____________________________________________

ARTICLE III: LIMITED (FIDUCIARY) WARRANTY

Section 3.1 Special Warranty in Representative Capacity

By the use of the words "CONVEYS AND SPECIALLY WARRANTS" in this Deed, the Grantor, solely in the Grantor's representative capacity as Personal Representative and not individually, covenants that the Grantor WILL WARRANT AND DEFEND the title to the above-described property against the lawful claims of all persons claiming by, through, or under the Grantor in such fiduciary capacity, but against none other.

Section 3.2 Acts of the Personal Representative Only

This is a limited (special) warranty conveyance by a fiduciary. The Grantor does NOT warrant against:

• Defects in title existing prior to or 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 No Personal Liability

This Deed is executed by the Grantor solely in the fiduciary capacity as Personal Representative of the Estate, and not individually. No covenant, warranty, or obligation herein shall impose any personal liability on the individual(s) serving as Personal Representative. Recourse, if any, is limited to the assets of the Estate.

Section 3.4 Statutory References

This conveyance is made pursuant to:

• RCW 11.68.090 (Nonintervention powers — convey real property without court order)
• RCW 11.68.011 (Granting of nonintervention powers)
• RCW 11.56 (Sale of property under court order)
• RCW 11.48.010, RCW 11.48.020 (General powers and possession)
• RCW 64.04.010 et seq. (Conveyances)
• RCW 65.04.045 (Recording format requirements)
• RCW 82.45 (Real estate excise tax)

ARTICLE IV: EXCEPTIONS AND RESERVATIONS

Section 4.1 Subject To

This conveyance is made subject to:

(a) Real property taxes and assessments for the current year and subsequent years, not yet due and payable;

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

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

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

(e) Rights of parties in possession;

(f) All liens, debts, and claims properly chargeable against the Estate as administered by the Personal Representative;

(g) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE V: REAL ESTATE EXCISE TAX (REET)

Section 5.1 Excise Tax (RCW 82.45)

Selling Price/Consideration: $_____________________

☐ A completed Real Estate Excise Tax Affidavit is attached or will be filed with the county treasurer, and REET has been or will be paid prior to recording (RCW 82.45.090).

☐ This transfer is exempt from REET pursuant to RCW 82.45.010 or WAC 458-61A-200 through 217.

Exemption claimed (e.g., WAC 458-61A-202 — transfer where no consideration / inheritance, if applicable): _____________________________________________

Section 5.2 REET Rate Information

Washington State REET is based on a graduated rate structure that varies by selling price and location. Local REET rates vary by county and city. Refer to the Washington Department of Revenue for current rates and the correct exemption WAC.

ARTICLE VI: EXECUTION IN REPRESENTATIVE CAPACITY

Section 6.1 Grantor's Signature

DATED this _____ day of _________________, 20_____.

GRANTOR — PERSONAL REPRESENTATIVE (executed solely in a representative capacity and not individually):

_____________________________________________
Signature

_____________________________________________
Printed Name

as Personal Representative of the Estate of _________________________, Deceased

Date: _____________________________________________

_____________________________________________
Signature (Co-Personal Representative, if any)

_____________________________________________
Printed Name

as Co-Personal Representative of the Estate of _________________________, Deceased

Date: _____________________________________________

ARTICLE VII: ACKNOWLEDGMENT

Section 7.1 Washington Acknowledgment (Representative Capacity)

STATE OF WASHINGTON
COUNTY OF _________________

I certify that I know or have satisfactory evidence that _____________________________________________
is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the Personal Representative of the Estate of _________________________, Deceased, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.

DATED: _____________________________________________

_____________________________________________
Signature of Notary Public

_____________________________________________
Printed Name of Notary

NOTARY PUBLIC in and for the State of Washington, residing at _____________________________________________

My appointment expires: _____________________________________________

[NOTARIAL SEAL]

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

STATE OF _________________
COUNTY OF _________________

On this _____ day of _________________, 20_____, before me personally appeared _________________________,

☐ known to me OR ☐ proved to me on the basis of satisfactory evidence

to be the person who executed this instrument as the Personal Representative of the Estate of _________________________, Deceased, and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.

WITNESS my hand and official seal.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Assessor's Tax Parcel Number: _____________________________________________

Property Address: _____________________________________________

WASHINGTON RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements (RCW 65.04.045)

Document Format Requirements (RCW 65.04.045)

Real Estate Excise Tax (REET) - RCW 82.45

Washington uses a graduated REET structure. State REET ranges from approximately 1.1% to 3.0% depending on the selling price tier, plus additional local REET that varies by county and city. REET must be paid BEFORE the deed can be recorded (RCW 82.45.090).

Important Washington Requirements for Personal Representative's Deeds

1. Nonintervention Powers: A personal representative granted nonintervention powers may convey estate real property without any court order, notice, or confirmation (RCW 11.68.090). This is the most common path for a solvent estate.

2. Court-Supervised Sale: If nonintervention powers were not granted, the sale proceeds under court supervision (RCW 11.56), and a court order/confirmation should be referenced in Article II.

3. Letters Required: Reference the Letters Testamentary or Letters of Administration and the Superior Court cause number.

4. Community Property: Washington is a community property state; verify the character of the property and any spousal/community interests being conveyed by the Estate.

5. Excise Tax First: REET (or a valid exemption affidavit) must be processed before recording.

6. Representative Capacity: The Personal Representative signs and acknowledges in a fiduciary capacity and incurs no personal liability under this Deed.

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

THIS INSTRUMENT PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone

_____________________________________________
WSBA Number (if attorney)

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