Personal Representative's Deed - Wisconsin

PERSONAL REPRESENTATIVE'S DEED

State of Wisconsin

This Document Was Drafted By:
_____________________________________________

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Parcel Identification Number (PIN):
_____________________________________________

3" x 3" RECORDING AREA FOR REGISTER OF DEEDS' USE

DOCUMENT INFORMATION

Document Title: PERSONAL REPRESENTATIVE'S DEED

PERSONAL REPRESENTATIVE'S DEED

This Personal Representative's Deed, made on _________________, 20_____,

ARTICLE I: PARTIES

Section 1.1 Grantor (Personal Representative)

BETWEEN:

_____________________________________________
(Name)

not individually, but solely in the fiduciary capacity of:

☐ Personal Representative ☐ Special Administrator ☐ Co-Personal Representative

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

of _____________________________________________
(Fiduciary Address)

hereinafter called the "Grantor."

Section 1.2 Appointment and Authority of Record

Domiciliary Letters were issued to the Grantor by the Circuit Court for _________________ County, Wisconsin (Probate) on _________________, 20_____, in Case No. _____________, and such Letters have not been revoked and remain in full force and effect.

Section 1.3 Grantee(s)

AND:

_____________________________________________
(Name)

of _____________________________________________
(Address)

Vesting:
☐ An unmarried person
☐ Husband and wife, as survivorship marital property
☐ As joint tenants with right of survivorship, not as tenants in common
☐ As tenants in common
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

hereinafter called the "Grantee."

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 power of sale (Wis. Stat. § 860.01). The Grantor is a personal representative to whom Letters have been issued by the Court and whose Letters have not been revoked, and is therefore authorized to "sell, mortgage or lease any property in the estate without notice, hearing or court order" under Wis. Stat. § 860.01. The rights and title of the Grantee are not affected by any provision in the Decedent's will or any procedural irregularity or jurisdictional defect in the administration of the Estate.

☐ 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 / approval. This conveyance is made pursuant to an Order of the above Circuit Court entered _____/_____/__________ authorizing and/or approving the sale of the real property described herein.

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 a valuable consideration of $_____________________ (____________________ Dollars), the receipt and sufficiency of which are acknowledged and which is to be administered as an asset of the Estate, CONVEYS, WITHOUT WARRANTY, to the Grantee all of the Estate's right, title, and interest in the following described real estate in _________________ County, Wisconsin:

Section 2.3 Legal Description

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

Property Address: _____________________________________________

Parcel Identification Number (PIN): _____________________________________________

ARTICLE III: NO-WARRANTY FIDUCIARY CONVEYANCE

Section 3.1 No Warranty by Personal Representative or Estate

Under Wis. Stat. § 860.07, except for a conveyance performing a decedent's contract that required warranties under § 860.09(2), a personal representative has no power to give warranties binding personally or on the estate. This Deed therefore conveys the Estate's interest without any covenant or warranty of title.

Section 3.2 No Expansion of Fiduciary Authority

This Deed does not represent or warrant:

• Defects in title existing prior to or during the Decedent's ownership;
• Liens or encumbrances created by the Decedent or by prior owners;
• The absence of claims, interests, restrictions, or defects affecting the property; or
• That the Personal Representative's statutory or fiduciary duties have been satisfied merely because the Deed is recorded.

Section 3.3 Representative Capacity

The Grantor signs solely in the fiduciary capacity stated in this Deed. Nothing in this instrument creates a title warranty or waives any duty or liability imposed by the Wisconsin Probate Code or other applicable law.

Section 3.4 Statutory References

This conveyance is made pursuant to:

• Wis. Stat. § 860.01 (Power of personal representative to sell, mortgage and lease)
• Wis. Stat. § 860.07 (No warranties, except under § 860.09(2))
• Wis. Stat. ch. 860 (Sale, mortgage and lease of property)
• Wis. Stat. § 859.49 (Action by personal representative respecting estate property)
• Wis. Stat. § 706.01 et seq. (Conveyances of real property)
• Wis. Stat. § 59.43(2m) (Recording format standards)
• Wis. Stat. § 77.22 (Real estate transfer fee)

ARTICLE IV: EXCEPTIONS AND RESERVATIONS

Section 4.1 Subject To

This conveyance is made subject to:

(a) Real property taxes for the year 20_____ and thereafter;

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

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

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

(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 TRANSFER FEE

Section 5.1 Wisconsin Real Estate Transfer Fee (Wis. Stat. § 77.22)

Value/Consideration: $_____________________

Transfer Fee Rate: $0.30 per $100 of value (0.3%)

Transfer Fee Due: $_____________________

Section 5.2 Transfer Return

An electronic Real Estate Transfer Return (eRETR) receipt accompanies this Deed as required by Wis. Stat. § 77.22(1).

☐ Transfer Return Number: _____________________________________________

Section 5.3 Exemptions

☐ This transfer is exempt from the real estate transfer fee per Wis. Stat. § 77.25.

Exemption claimed (e.g., § 77.25(11) — transfer to a personal representative / under a will; or distribution to heirs without consideration, if applicable): _____________________________________________

ARTICLE VI: MARITAL PROPERTY CONSIDERATIONS

Section 6.1 Marital Property Act Statement

☐ The property was the individual property of the Decedent and is administered as an asset of the Estate.
☐ The property included marital / survivorship marital property; the surviving spouse's interest is addressed as follows: _____________________________________________

ARTICLE VII: EXECUTION IN REPRESENTATIVE CAPACITY

Section 7.1 Grantor's Signature

IN WITNESS WHEREOF, the Grantor has executed this Personal Representative's Deed solely in a representative capacity and not individually.

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 of the Estate of _________________________, Deceased

Date: _____________________________________________

ARTICLE VIII: ACKNOWLEDGMENT

Section 8.1 Wisconsin Acknowledgment (Representative Capacity)

STATE OF WISCONSIN
COUNTY OF _________________

Personally came before me this _____ day of _________________, 20_____, the above-named:

_____________________________________________

to me known to be the person who executed the foregoing instrument as Personal Representative of the Estate of _________________________, Deceased, and acknowledged the same on behalf of said Estate.

_____________________________________________
Notary Public, State of Wisconsin

_____________________________________________
Printed Name of Notary

My Commission: _____________________________________________

[NOTARIAL SEAL]

Section 8.2 Out-of-State Acknowledgment (Representative Capacity)

STATE OF _________________
COUNTY OF _________________

Personally came before me this _____ day of _________________, 20_____, the above-named:

_____________________________________________

to me known to be the person who executed the foregoing instrument as Personal Representative of the Estate of _________________________, Deceased, and acknowledged the same on behalf of said Estate.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

Real property situated in _________________ County, Wisconsin:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Parcel Identification Number (PIN): _____________________________________________

WISCONSIN RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Document Format Requirements (Wis. Stat. § 59.43(2m))

Wisconsin Real Estate Transfer Fee (Wis. Stat. § 77.22)

Important Wisconsin Requirements for Personal Representative's Deeds

1. Statutory Power Without Court Order: Under Wis. Stat. § 860.01, a personal representative whose Letters are unrevoked may sell, mortgage, or lease estate property without notice, hearing, or court order, and the purchaser's title is protected against will provisions and administration defects.

2. Personal Liability for Improvident Sale: Although court approval is not required, a personal representative may be personally liable to the estate for an improvident sale (e.g., selling below value). The fiduciary should exercise reasonable diligence; court confirmation may be sought where prudent.

3. Letters Required: Reference the domiciliary Letters and the Circuit Court (Probate) case number.

4. eRETR Required: A completed electronic Real Estate Transfer Return, transfer fee, and recording fee must accompany the Deed (Wis. Stat. § 77.22(1)).

5. Marital Property: Wisconsin is a marital property state; confirm the character of the property and any surviving-spouse interest.

6. Representative Capacity: The Personal Representative signs and acknowledges in a fiduciary capacity. This Deed creates no title warranty and does not waive liability imposed by law.

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

THIS DOCUMENT DRAFTED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone

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