Santa Clara County Personal Representative Deed (Testate Estate) Form

A California personal representative deed for a testate estate carries its authority in writing: the will admitted to probate, the letters the court issued, and the order or notice that authorized the conveyance, each identified on the face of the deed. This form prepares that deed for one personal representative of one estate of a decedent who left a will, conveying estate real property to a named grantee. It is the instrument signed after a probate sale is confirmed, after a sale made under full authority granted by the Independent Administration of Estates Act, or on a distribution of real property to a devisee.

Authority that starts with the will

Probate Code Section 10000 permits a sale of estate real property where the sale is needed to pay debts, devises, family allowance, expenses of administration, or taxes, where it benefits the estate and the interested persons, where the will directs the property to be sold, or where the will gives authority to sell. Those last two grounds belong to a testate estate, and they reappear at confirmation: before confirming a sale, Probate Code Section 10313 has the court find either that the will authorized or directed the sale or that good reason existed for it. Probate Code Section 10314 then has the personal representative execute a conveyance that refers to the order confirming the sale and directing the conveyance to be executed. Section 5 of the form collects that chain, including the date letters issued, the date Probate Code Section 8400 makes the appointment effective. The certified copy of the order, which Probate Code Section 10314 has recorded in the same county, is issued by the probate court and is prepared separately from this package.

One representative signs, in a representative capacity

The form recites a single personal representative, identified with the capacity the letters state, executor or administrator with the will annexed, and it carries one signature block and one acknowledgment certificate to match. The operative section states that the signer signs as personal representative of the estate and not individually. Estates administered by two or more acting representatives present a different configuration, since each acting representative signs and each signature calls for its own certificate, and an estate with no will presents a different authority chain, since there is no will provision or letters testamentary to identify. The vesting side is open: Section 6 accepts the grantee names with the form of ownership California recognizes, from a tenancy in common to community property with right of survivorship under Civil Code Section 682.1, which is the form the completed example illustrates.

A deed that promises nothing about title

Civil Code Section 1113 implies two covenants from the word grant unless express terms restrain them. This deed restrains them: the conveyance section states that the deed is made without covenant or warranty, express or implied, that the Section 1113 covenants are excluded, and that no interest of any person other than the estate and the decedent is conveyed. That is the honest posture for a fiduciary who is moving a decedent's title rather than vouching for it, and it is why a probate sale rides on the title policy and the court record instead of on deed covenants.

What the recorder looks for on page one

California recording law loads the first page. Government Code Section 27324 has the document title captioned immediately below the recording space, Government Code Section 27361.6 reserves the top 2.5 inches and gives the left 3.5 inches to the requester and return blocks, and Government Code Section 27321.5 calls for the name and address for future tax statements before the deed is accepted. The form places each of those where the statute puts it, prints the boxed notice Civil Code Section 1189 requires at the top of every California acknowledgment certificate, and carries the documentary transfer tax declaration Revenue and Taxation Code Sections 11932 and 11933 require on the face of a taxable document, computed at 55 cents per 500 dollars of consideration under Section 11911, with a line for a claimed exemption.

The package holds three files: the deed as a fillable PDF, a completed example filled in for a Fresno County probate sale, and a plain language guide that walks each numbered section, the signing and notarization rules, the fee structure, and what a personal representative deed cannot do. The materials are informational and are not legal advice.