Personal Representative's Deed (Executor's / Administrator's Deed) - West Virginia

PERSONAL REPRESENTATIVE'S DEED (EXECUTOR'S / ADMINISTRATOR'S DEED)

State of West Virginia

Recording Requested By:
_____________________________________________

When Recorded Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Property Address:
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE

DOCUMENT INFORMATION

DECLARATION OF CONSIDERATION OR VALUE (Required)

This declaration is made pursuant to West Virginia law for the purpose of determining excise tax:

I/We declare that:

☐ The actual consideration paid for this property is: $_______________

☐ The fair market value of this property is: $_______________ (if no monetary consideration)

Excise Tax Due ($1.65 per $500 minimum, varies by county): $_______________

☐ This transfer is EXEMPT from excise tax pursuant to W. Va. Code § 11-22-1 because:
☐ Quitclaim or corrective deed without consideration
☐ Transfer to or from the United States, State of West Virginia, or political subdivisions by gift, dedication, deed, or condemnation
☐ Other: _____________________________________________

_____________________________________________
Signature of Declarant (Personal Representative)

PERSONAL REPRESENTATIVE'S DEED

THIS PERSONAL REPRESENTATIVE'S DEED is made this _____ day of _________________, 20_____.

ARTICLE I: PARTIES

Section 1.1 Grantor (Personal Representative)

Name: _____________________________________________

not individually, but solely in the fiduciary capacity of:

☐ Executor ☐ Administrator with the Will Annexed (c.t.a.) ☐ Administrator ☐ Co-Personal Representative

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

Fiduciary Mailing Address:
_____________________________________________
_____________________________________________

Section 1.2 Qualification and Authority of Record

The Grantor qualified as the above-named fiduciary before the Clerk of the County Commission of _________________ County, West Virginia (Fiduciary Supervisor / County Commission), on _____ day of _________________, 20_____, in Estate/Fiduciary No. _____________, and such qualification remains in full force and effect and has not been revoked, suspended, or terminated.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 dealing with his/her sole and separate property
☐ Husband and wife, as joint tenants with right of survivorship
☐ Husband and wife, as tenants by the entirety
☐ 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: 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 (W. Va. Code § 44-8-1). The Decedent's Last Will and Testament, admitted to probate in the above County, devises the real estate to be sold and/or gives the Personal Representative the power to sell the Decedent's real estate, authorizing this conveyance by the executor (or, where no executor qualifies or the qualified executor has died, resigned, or been removed, by the administrator with the will annexed) under W. Va. Code § 44-8-1.

☐ Court order / confirmation. This conveyance is made pursuant to an Order of the Circuit Court of _________________ County, West Virginia, entered _____/_____/__________, in a suit to sell the decedent's real estate (e.g., to pay debts), authorizing and/or confirming the sale of the real estate described herein.

Section 2.2 Granting Clause

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 as an asset of the Estate, the Grantor, solely in the fiduciary capacity as Personal Representative of the Estate of the Decedent and not individually, does hereby GRANT AND CONVEY WITH SPECIAL WARRANTY unto the Grantee, and Grantee's heirs and assigns forever, all of the Estate's right, title, and interest in all that certain lot or parcel of land, together with any improvements thereon, situate in the District of _________________, County of _________________, State of West Virginia, and more particularly bounded and described as follows:

Section 2.3 Legal Description

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

Section 2.4 "And Being" Paragraph (Required for Chain of Title)

AND BEING the same property conveyed to / vested in the Decedent, _________________________, by deed dated _________________, 20_____, and recorded in the Office of the Clerk of the County Commission of _________________ County, West Virginia, in Deed Book _______, at Page _______.

also known by street and number as: _____________________________________________

Tax Map _______, Parcel _______

ARTICLE III: LIMITED (SPECIAL) FIDUCIARY WARRANTY

Section 3.1 Special Warranty in Representative Capacity (W. Va. Code § 36-4-3)

Pursuant to W. Va. Code § 36-4-3, the covenant "with special warranty" has the same effect as if the Grantor covenanted to forever warrant and defend the property against the claims and demands of the Grantor and all persons claiming by, through, or under the Grantor; provided, however, that such covenant is given by the Grantor solely in the Grantor's representative capacity as Personal Representative and binds only the Estate. The Grantor warrants and defends against the claims of 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, liens, encumbrances, or claims arising prior to or during the Decedent's ownership, or from sources other than 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 or warranty 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 and in accordance with:

• W. Va. Code § 44-8-1 (Sale, conveyance and management of decedent's real estate; powers of executor and administrator with the will annexed)
• W. Va. Code § 44-8-2 (Rents, profits or proceeds of sale)
• W. Va. Code § 36-4-3 (Special warranty defined)
• W. Va. Code § 40-1-9 (Recording requirements)
• W. Va. Code § 11-22-1 (Excise tax on real property transfers)
• W. Va. Code § 11-21-71b (Nonresident withholding)

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) Any rights reserved in prior instruments of record in coal, oil, gas, and other minerals;

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

(h) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE V: ADDITIONAL PROVISIONS

Section 5.1 Sales Listing Form

☐ Sales Listing Form is attached as required.

Section 5.2 Nonresident Withholding (W. Va. Code § 11-21-71b)

If the Decedent's Estate / the Grantor is not a West Virginia resident:

☐ Resident — no withholding required
☐ Non-resident — withholding is required per W. Va. Code § 11-21-71b

Section 5.3 Trustee Requirement

All Deeds of Trust securing this property (if any) must have a Trustee in West Virginia.

ARTICLE VI: EXECUTION IN REPRESENTATIVE CAPACITY

Section 6.1 Grantor's Signature

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

GRANTOR — PERSONAL REPRESENTATIVE:

_____________________________________________
Signature

_____________________________________________
Printed Name

as ☐ Executor ☐ Administrator c.t.a. ☐ Administrator 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 West Virginia Acknowledgment (Representative Capacity)

STATE OF WEST VIRGINIA
COUNTY OF _________________, to-wit:

I, _________________________, a Notary Public in and for the State and County aforesaid, do hereby certify that _____________________________________________, who is the ☐ Executor ☐ Administrator c.t.a. ☐ Administrator (Personal Representative) of the Estate of _________________________, Deceased, and whose name is signed to the foregoing writing bearing date on the _____ day of _________________, 20_____, has this day acknowledged the same before me in my said County on behalf of said Estate.

Given under my hand this _____ day of _________________, 20_____.

My commission expires: _____________________________________________

_____________________________________________
Notary Public

[NOTARIAL SEAL]

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

STATE OF _________________
COUNTY OF _________________

I, _________________________, a Notary Public in and for the State and County aforesaid, do hereby certify that:

_____________________________________________

who is the Personal Representative of the Estate of _________________________, Deceased, and whose name is signed to the foregoing writing, has this day acknowledged the same before me on behalf of said Estate.

Given under my hand this _____ day of _________________, 20_____.

My commission expires: _____________________________________________

_____________________________________________
Notary Public

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

District of _________________, County of _________________, State of West Virginia

Tax Map _______, Parcel _______

WEST VIRGINIA RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Excise Tax (Transfer Tax) - W. Va. Code § 11-22-1

The excise tax is paid to the county clerk when recording. The exact rate varies by county as counties may impose additional surcharges.

Important West Virginia Requirements for Personal Representative's Deeds

1. Source of Authority: W. Va. Code § 44-8-1 authorizes the executor (or administrator c.t.a.) to sell and convey real estate "devised to be sold" or where the will grants a power of sale. Where the will grants no power of sale, or realty must be sold to pay debts, a court-supervised sale (Circuit Court suit) and order/confirmation are generally required.

2. Qualification / Letters: Reference the fiduciary's qualification before the County Commission / Fiduciary Supervisor and the estate/fiduciary number.

3. Chain of Title: The "And Being" paragraph (prior deed reference) is required to maintain chain of title.

4. District Identification: Legal descriptions must include the district within the county.

5. Mineral Rights: West Virginia has extensive mineral rights considerations. Review prior instruments for reserved mineral interests.

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

7. Title Insurance: Grantees should consider obtaining title insurance, especially given the limited warranty nature of this Deed.

8. Legal Counsel: Consultation with a licensed West Virginia 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 West Virginia attorney before using this form.