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Personal Representative Deed Form - Bergen County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 3/26/2020
Personal Representative Deed Guide - Bergen County
Line by line guide explaining every blank on the form.
Included document last updated 3/25/2020
Completed Example of the Personal Representative Deed Document - Bergen County
Example of a properly completed form for reference.
Included document last updated 2/19/2020
*The Following New Jersey and Bergen County supplemental forms are included as a courtesy with your order.
County Cover Page
This cover page is required to be part of any document affecting land title being recorded in Bergen County, New Jersey. It is part of the recorded instrument and permanent record and should not be detached from the original document.
Gross Income Tax (GIT)
The Gross Income Tax form (GIT/REP) must be recorded with a deed when selling/transferring real property in New Jersey. Sellers must use one of the following forms: 1. Nonresident Seller's Tax Declaration 2. Nonresident Seller's Tax Prepayment Receipt 3. Seller's Residency Certification/Exemption 4. Waiver of Seller's Filing Requirement of GIT/REP Forms & Payment 4a. Waiver of Seller's Filing Requirement of GIT/REP Forms & Payment for Corrected Deed with no Consideration Each of these forms comes with its own instruction page. Consult the separate tax declaration information for further details.
Affidavit of Consideration
This affidavit must be recorded with all deeds - when entire consideration is not recited anywhere in deed, - when grantor claims total or partial exemption from fee, - for all Class 4 property that includes commercial, industrial, or apartment property, - and for transfers of “new construction.” Buyer's affidavit is required when the entire consideration is in excess of $1,000,000 and for every commercial property transfer.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Resident Decedent Forms
The NJ Estate Tax is in addition to the NJ Inheritance Tax. A tax is imposed upon the estate of every resident decedent having a date of death after December 31, 2001. A New Jersey estate tax return must be filed if the decedent’s Gross Estate exceeds $675,000. Form L-9 is an affidavit executed by the executor, administrator or joint tenant requesting the issuance of a tax waiver for real property located in New Jersey which was held by a resident decedent. Do not file the affidavit with the county clerk, but send to NJ Division of Taxation, Inheritance and Estate Tax.
Including:
A personal representative's deed is a fiduciary instrument executed by a personal representative that conveys interest in real property from a decedent's estate to a devisee, heir, or purchaser.
In New Jersey, personal representatives (PRs) are appointed by the Surrogate Court following the opening of probate of a decedent's estate, and are responsible for settling and distributing the estate in accordance with any probated or applicable law of intestacy, and in the best interests of the estate (N.J.S.A. 3B:10-23).
A PR may be referred to as either an executor or an administrator, depending on the testacy status of the decedent. When a decedent dies testate (with a will) naming an executor of his or her estate, the court issues letters testamentary authorizing him or her as executor. When a decedent dies intestate (without a will) or when a will does not name an executor, the court issues letters of administration authorizing the heir or other applicant desiring letters as administrator.
Typically, a PR deed in New Jersey carries a covenant as to grantor's acts under N.J.S.A. 46:4-6. This means that the grantor (the estate's executor or administrator) promises that he or she has done no act to encumber the property and that he or she has not allowed anyone else to obtain any legal rights which affect the property (such as by making a mortgage or allowing a judgment to be entered against the grantor).
To transfer a clear title, the Surrogate Court must first file a waiver of transfer inheritance tax (if applicable) in the appropriate county Register of Deeds office. The waiver constitutes written consent of the Director of the Division of Taxation to transfer or release the decedent's property.
A properly executed deed grants and conveys title to the named grantee, who may be a devisee under a will; an heir entitled to distribution of the estate based on New Jersey's laws of intestate succession; or a purchaser. Required grantee information includes the grantee's name, address, marital status, and vesting information.
The deed names the granting PR and includes the PR's address, and capacity (executor or administrator), as well as the decedent's name, date of death, and county of residence. The deed cites the grantor's authority by referencing the date of grant of letters, the case number assigned to the estate, and the Surrogate Court where the estate is probated.
The full consideration, if any, given for the transfer must appear on the deed. If the transaction is exempt from realty transfer fees, as in a conveyance to a devisee or an heir to carry out distribution of the estate, note the reason for the exemption. The state requires an affidavit of consideration to be recorded with the deed.
Additionally, the deed must meet all requirements of form and content for documents affecting title to real property in New Jersey. Such requirements include a full legal description of the subject parcel, including the property's tax map reference, a recital of the source of title, and any relevant restrictions connected to the property.
A lawful deed includes the signature of the granting PR, acknowledged in the presence of a notarial officer. Include relevant supplemental documentation, such as the New Jersey seller's residency form, and any county-specific recording sheets, if applicable, with the deed for recording in the county wherein the subject parcel is situated.
Consult an attorney licensed in the State of New Jersey with questions regarding personal representative's deeds, as each situation is unique.
Get your Bergen 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 Bergen 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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