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A personal representative's deed given under 58 O.S. 239 is a probate deed, and one of several fiduciary instruments that may be used in estate administration. This deed conveys title in situations where the debts of the estate require the sale to convert assets to cash. The personal representative's (PR) deed is named after the capacity of the granting party.
Before a personal representative can execute and record a deed, the sale and conveyance must be authorized by the district court. The PR must apply to the court for an Order Authorizing Sale of Real Property Pursuant to 58 O.S. 239.
Following an order of sale from the district court, use a personal representative's deed to transfer an interest in real property from a probate estate to a purchaser at public or private sale. The deed conveys all the right, title, interest, and estate of the decedent at the time of his death.
In addition to meeting all state and local standards for recorded documents, components of a properly executed PR deed of sale given under 58 O.S. 239 include the recital of probate details, including the name of the court-appointed personal representative, the decedent's name, the date of the order of sale, the case number assigned to the probate estate, and a statement that the order of sale exempts the PR from further authorization or confirmation of sale.
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. Any exemption from the tax under 68 O.S. 3202 must be noted on the face of the instrument.
Record the completed, signed, and notarized deed, along with a certified copy of the order of sale, 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.
(Oklahoma PRD of Sale Package includes form, guidelines, and completed example)