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Personal Representative Deed Form - Emmet County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 9/7/2020
Personal Representative Deed Guide - Emmet County
Line by line guide explaining every blank on the form.
Included document last updated 8/28/2020
Completed Example of the Personal Representative Deed Document - Emmet County
Example of a properly completed form for reference.
Included document last updated 9/17/2020
*The Following Michigan and Emmet 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.
Including:
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.
Get your Emmet 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.
The documents you receive here will meet, or exceed, the Emmet 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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