Michigan - Benzie County Personal Representative Deed Form

Name: Personal Representative Deed
Brand: Deeds.com
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All Benzie County specific forms listed below are included in your immediate download:

Benzie County Personal Representative Deed Form Page 1

Personal Representative Deed Form - Benzie County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 9/7/2020

Benzie County Personal Representative Deed Guide Page 1

Personal Representative Deed Guide - Benzie County

Line by line guide explaining every blank on the form.
Included document last updated 8/28/2020

Benzie County Completed Example of the Personal Representative Deed Document Page 1

Completed Example of the Personal Representative Deed Document - Benzie County

Example of a properly completed form for reference.
Included document last updated 9/17/2020

*The Following Michigan and Benzie County supplemental forms are included as a courtesy with your order.

Property Transfer Affidavit

This form must be filed whenever real estate or certain types of personal property are transferred (even if the deed is not recorded) in order to ensure correct assessment for tax purposes. The new owner must file within 45 days of transfer in the city or township where the property is located. If the form is not filed on time, a penalty of $5/day (maximum $200) applies.

Real Estate Transfer Tax

This form must be filed with the Register of Deeds when the amount paid for the property is not stated on the deed. The form is not required when the amount paid is entered on the deed. The form must be completed and signed by either the seller or his/her authorized agent and submitted in the county where the property is located.

Transfer Tax Exemptions

Certain conveyances are exempt from transfer tax. These pages list the county and state exemptions. If the document is transfer tax exempt, the exemption must be stated on the deed. Note that both lists are in content identical until subparagraph (j).

Transfer Tax

This file contains the tax rates as well as a table listing state and county tax by consideration amount.

Certificate of Trust Existence and Authority

A certificate of trust existence and authority contains specific information about an existing trust agreement. According to 565.435 of the Michigan Compiled Laws, a purchaser or other party relying upon the information contained in a recorded certificate of trust existence and authority shall be afforded the same protection as is provided to a subsequent purchaser in good faith. Note that under 565.433, only settlor or grantor; an attorney for the settlor, grantor, or trustee; or an officer of a banking institution or an attorney if then acting as a trustee may sign the form if it pertains to real property. Sign the completed form in the presence of a notary, then submit it to the county register of deeds office for recording.

Notary Certificates

The supplemental forms in this section can be used as loose certificates by notaries in the state.

Principal Residence Exemption

If the property is your principal residence you may qualify for a tax exemption. These forms will help you navigate and apply for a (PRE) exemption.

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Frequently Asked Questions:

How long does it take to get my forms?
- Forms are available immediately after submitting payment.
What are supplemental forms?
- Often when a deed is recorded additional documents are required by the state or local jurisdiction. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
How do I get my forms, are they emailed?
- After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
What type of files are the forms?
- All of our forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Can the forms be re-used?
- Yes. You can re-use the forms for your personal use. For example, if you have more than one property in a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
Are these forms guaranteed to be recordable in Benzie County ?
- Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Benzie County including margin requirements, content requirements, font and font size requirements.
Do I have to enter all of my property information online?
- No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
- Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Do I need any special software to use these forms?
- You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Are there any recurring fees involved?
- No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Personal Representative Deed Forms:

Benzie County

Including:

Benzonia
Beulah
Elberta
Frankfort
Honor
Lake Ann
Thompsonville

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What is the Michigan Personal Representative Deed?

In the State of Michigan, the administration and distribution of estates is governed by MCL Chapter 700, known as the estates and protected individuals code.

When a Michigander dies, probate -- the process of settling a decedent's estate, including gathering the decedent's assets, paying debts and taxes, and distributing what is left of the estate to those entitled to receive it -- takes place in the county in which the decedent was domiciled at the time of death. Michigan Probate Courts oversee probate proceedings. The extent to which the court supervises administration is dependent upon the type of probate opened. Administration of the estate is generally unsupervised, unless the specific situation necessitates otherwise.

All property owned by the decedent individually is subject to probate. Property held with a survivorship interest, beneficiary designation, or in a trust skips probate.

Administration officially begins when the court appoints a personal representative (PR) who will personally settle the decedent's estate. Michigan uses the general term personal representative, though he or she may be either the executor of the decedent's will, or an administrator of an intestate estate. An estate is said to be intestate when the decedent dies without a will.

The court issues letters of authority to the PR, which confirm the personal representative's powers. In Michigan, the PR's powers are quite broad, unless otherwise limited by a decedent's will. Any restrictions on the PR's powers are noted in the letters of authority.

By process of Michigan law, title to a decedent's real property generally passes at the
time of his or her death to any devisees or heirs at law. Pursuant to MCL 700.3910, an instrument or deed of distribution is proof that the distributee has succeeded to the decedent's interest of the estate in the distributed property. See special provisions relating to distribution under the estates and protected individuals code, and contact a lawyer with questions.

In some cases, the PR may be required to sell real property on behalf of the estate (to pay the decedent's debts, for example). A PR does not, in general, need to seek court approval before selling real property, barring restrictions stated on the letters of administration. However, if complications arise, the PR or an interested person (person having a property right in or claim against the estate) may file a petition and an order may be entered by the Probate Court.

To accomplish a sale of the decedent's property, the PR executes a type of fiduciary deed called a personal representative's deed, which transfers title to the grantee. In Michigan, the PR deed typically carries a limited warranty, covenanting that the grantor warrants and defends the title against lawful claims arising from persons claiming by, through, or under the grantor (but none other).

A PR deed includes information about the probated estate, including the decedent's name, county in which probate is open, probate file number, and source of authorization for the conveyance. All requirements of form and content for instruments pertaining to real property must be met. Each PR must sign the deed for a valid transfer.

Consult a lawyer with questions regarding estate administration and personal representative's deeds in Michigan, as each case is unique.

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Save Time and Money

Get your Benzie County Personal Representative Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.

Our Promise

The documents you receive here will meet, or exceed, the Benzie County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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