A personal representative's deed pursuant to a decree of distribution is a probate deed and one of several fiduciary instruments that may be used in estate administration. The personal representative's (PR) deed is named after the capacity of the granting party.
Following an Order Allowing Final Account; Determining Heirship; and Final Decree of Distribution from the district court, use a personal representative's deed of distribution to transfer an interest in real property to a distributee of an estate with no consideration. The deed conveys all the right, title, interest, and estate of the decedent at the time of his death.
When signed by the PR, acknowledged in compliance with 16 O.S. 33, and recorded in the appropriate county register of deeds' office, the deed titles the subject property in the grantee's name and ensures an accurate chain of title following the owner's death. The grantee of a deed of distribution may be a devisee named in a decedent's will to inherit real property, or an heir at law, as determined by the Oklahoma statute of descent and distribution (84 O.S. 213).
In addition to meeting all state and local standards for recorded documents, components of a properly executed personal representative's deed pursuant to decree of distribution include the recital of probate details, including the name of the court-appointed personal representative, the decedent's name, the date of the decree, the case number assigned to the probate estate, and a reference to the source of the PR's authorization to convey the subject property.
Other requirements for a lawful deed include the full legal description of the property and statement of consideration, reflecting the value exchanged for the transfer of title. In Oklahoma, deeds commonly recite a generic consideration of "Ten and No/100ths Dollars," with the true purchase price reflected on an Affidavit of Purchase Price. This affidavit is a tool for the register's office to calculate the documentary stamp tax, a tax levied on all transfers of real estate in Oklahoma. Deeds of distribution are exempt from the documentary stamp tax pursuant to Oklahoma Administrative Code 710:30(2), however, so the deed requires a statement of exemption.
Record the completed, signed, and notarized deed, along with a certified copy of the order for distribution, signed by a judge, in the office of the register of deeds in the county wherein the property is situated.
The information provided here is not a substitute for legal advice. Consult an attorney licensed in the State of Oklahoma with questions regarding personal representative's deeds, as each situation is unique.
Deeds.com Oklahoma Personal Representative Deed of Distribution Forms Have Been Updated as Recently as Monday March 29, 2021
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