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

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

State of Wyoming

Recording Requested By:
_____________________________________________

When Recorded Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Property Address:
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE

DOCUMENT INFORMATION

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 (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 Appointment and Authority of Record

Letters ☐ Testamentary ☐ of Administration with the Will Annexed ☐ of Administration were issued to the Grantor by the District Court of the _____ Judicial District, _________________ County, Wyoming, on _____ day of _________________, 20_____, in Probate Docket No. _____________, and such Letters remain in full force and effect and have not been revoked.

Section 1.3 Grantee(s)

Name(s): _____________________________________________

Mailing Address (Required):
_____________________________________________
_____________________________________________

Vesting:
☐ A single person
☐ Spouses, 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]

Vesting instruction: Under Wyo. Stat. Ann. § 34-1-140(b), a deed naming grantees as spouses establishes tenancy by the entirety unless it specifies another form. State the chosen form expressly in the Grantee name line.

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 (select the applicable route and complete its facts):

☐ Court-confirmed sale (Wyo. Stat. Ann. § 2-7-624). Following the Personal Representative's verified report, the above District Court confirmed the sale and ordered delivery of this deed by Order entered _____/_____/__________. A certified copy of that Order accompanies this deed for recording under § 2-7-626.

☐ Court order to convey (Wyo. Stat. Ann. § 2-7-601). This conveyance is made pursuant to an Order of the above District Court directing the Personal Representative to convey real estate the Decedent was bound or could be compelled to convey.

☐ Will power of sale (Wyo. Stat. Ann. § 2-7-609). The Decedent's Last Will and Testament, admitted to probate in the above District Court, grants this Personal Representative authority to sell and convey the described real property. Identify the will provision: _________________________.

Section 2.2 Granting Clause

The Grantor, solely as Personal Representative of the Estate of the Decedent and not individually, of [CITY], County of _________________, State of Wyoming, for the consideration of [AMOUNT AND WHEN PAID OR OTHER CONSIDERATION], conveys and specially warrants against all who claim by, through, or under Grantor solely in that representative capacity, but against none other, to [GRANTEE NAME AND VESTING], Grantee, of [CITY], County of _________________, State of _________________, and to Grantee's heirs and assigns forever, all of the Estate's right, title, and interest in the following described real property situated in _________________ County, State of Wyoming:

Section 2.3 Legal Description

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

Prior Deed Reference:
Being the same premises vested in / conveyed to the Decedent by deed dated _________________, 20_____, and recorded in the Office of the County Clerk of _________________ County, Wyoming, as Reception No. _____________ (or in Book _______, Page _______).

also known by street and number as: _____________________________________________

Parcel ID Number: _____________________________________________

ARTICLE III: LIMITED (SPECIAL) FIDUCIARY WARRANTY

Section 3.1 Special Warranty in Representative Capacity (Wyo. Stat. Ann. § 34-2-137)

The Grantor, solely in the Grantor's representative capacity as Personal Representative and not individually, covenants that the property is free from all encumbrances made by the Grantor in such fiduciary capacity, and that the Grantor will warrant and defend the title against the lawful claims and demands 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, liens, encumbrances, or claims arising prior to or during the Decedent's ownership of the property, or from sources other than the Grantor in the Grantor's representative capacity.

Section 3.3 Representative Capacity

This Deed is executed by the Grantor solely in the fiduciary capacity as Personal Representative of the Estate, and its express warranty concerns only acts in that capacity. This clause does not waive any liability imposed by law for the Personal Representative's own conduct.

Section 3.4 Statutory References

The checked authority in Section 2.1 controls this conveyance. Wyo. Stat. Ann. §§ 34-2-136 and 34-2-137 supply the special warranty form and its effect; § 34-1-142 governs the accompanying sworn recording statement.

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 oil, gas, coal, and other minerals;

(g) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE V: ADDITIONAL PROVISIONS

Section 5.1 Homestead (Wyo. Stat. Ann. § 34-2-121)

This deed conveys the Estate's interest. If a separate owner's homestead interest is also to be conveyed and Wyo. Stat. Ann. § 34-2-121 applies, that owner and owner's spouse must sign and acknowledge the required release. A joining person who signs below states: "Hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of this state."

☐ No separate homestead interest is conveyed by this deed.
☐ Required owner and spouse join this deed and sign below.

Section 5.2 Statement of Consideration (Wyo. Stat. Ann. § 34-1-142)

A completed sworn Statement of Consideration from the Grantee or Grantee's agent must accompany this Deed when presented for recording under Wyo. Stat. Ann. § 34-1-142(a)-(b).

☐ Statement of Consideration is attached.

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: _____________________________________________

JOINING HOMESTEAD OWNER AND SPOUSE (only if Section 5.1 applies):

Owner: _____________________________________________ Date: _______________

Owner's Spouse: ____________________________________ Date: _______________

Each joining person acknowledges the homestead release in Section 5.1 and must be included in the acknowledgment below.

ARTICLE VII: ACKNOWLEDGMENT

Section 7.1 Wyoming Acknowledgment (Representative Capacity)

STATE OF WYOMING
COUNTY OF _________________

On this _____ day of _________________, 20_____, before me, a Notary Public in and for said State, personally appeared _____________________________________________, known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as the ☐ Executor ☐ Administrator c.t.a. ☐ Administrator (Personal Representative) of the Estate of _________________________, Deceased, and acknowledged to me that he/she executed the same on behalf of said Estate in such fiduciary capacity.

If the second box in Section 5.1 is checked, _____________________________________________ and _____________________________________________ also personally appeared and acknowledged their signatures and homestead release in that section.

WITNESS my hand and official seal.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

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

STATE OF _________________
COUNTY OF _________________

On this _____ day of _________________, 20_____, before me, a Notary Public, personally appeared:

_____________________________________________

known to me (or proved to me) to be the person who executed the within instrument as the Personal Representative of the Estate of _________________________, Deceased, and acknowledged the execution thereof on behalf of said Estate.

If the second box in Section 5.1 is checked, _____________________________________________ and _____________________________________________ also personally appeared and acknowledged their signatures and homestead release in that section.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

County of _________________, State of Wyoming

Parcel ID Number: _____________________________________________

STATEMENT OF CONSIDERATION (SEPARATE ATTACHMENT)

Attach a completed sworn Statement of Consideration signed by the Grantee or Grantee's agent. Wyo. Stat. Ann. § 34-1-142(a)-(b) requires names, addresses and contact information of both parties, transfer and sale dates, legal description, amount paid or to be paid, sale terms, and estimated value of any nonreal property included. The statement may be prepared on a county clerk's current form.

WYOMING RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Transfer Tax

Confirm any transaction-specific tax and recording charge with the county clerk before recording this deed. The sworn Statement of Consideration remains required under Wyo. Stat. Ann. § 34-1-142(a)-(b).

Important Wyoming Requirements for Personal Representative's Deeds

1. Court-Confirmed Sale: For the court-confirmed route, the personal representative files a verified report, the court confirms a conforming sale and orders delivery of the deed (Wyo. Stat. Ann. § 2-7-624). Record a certified copy of the § 2-7-624 order with this deed as § 2-7-626 requires. A will power of sale is addressed separately in § 2-7-609.

2. Order to Convey: Where the decedent was bound by written contract to convey, or could have been compelled to convey, the court may order the personal representative to convey (Wyo. Stat. Ann. § 2-7-601).

3. Will Power of Sale: If the will grants a power of sale, identify the provision and use the will-power route in Section 2.1 (Wyo. Stat. Ann. § 2-7-609).

4. Statement of Consideration: Attach the completed sworn statement with the details required by Wyo. Stat. Ann. § 34-1-142(a)-(b).

5. Homestead: If Section 5.1 applies, obtain the joining owner and spouse's signatures and acknowledgments (Wyo. Stat. Ann. § 34-2-121).

6. Representative Capacity: The express warranty in this deed is limited to acts as Personal Representative.

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