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Oklahoma Personal Representative Deed Power of Sale

A personal representative's deed given under the power of sale is a probate deed, and one of several fiduciary instruments that may be used in estate administration. This deed is required when the personal representative is directed to sell property by a decedent's will. It can only be used by PRs of a testate estate. The personal representative's (PR) deed is named after the capacity of the granting party.

In some cases, the decedent's will may have authorized or explicitly directed a sale of realty by granting the executor (the PR named in a decedent's will) a power of sale. Before a deed can be recorded, the district court must authorize the sale and conveyance. The PR must apply to the court for an Order Authorizing Conveyances and Waiving Accountings.

Following such an order 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 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 include the recital of probate details, including the name of the court-appointed personal representative, the decedent's name, the date of the order authorizing the conveyance, the case number assigned to the probate estate, and a statement that the sale is made under the authority granted by the decedent's last will and testament.

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. Note any exemption from the tax under 68 O.S. 3202 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.

Deeds.com Oklahoma Personal Representative Deed Power of Sale Forms Have Been Updated as Recently as Wednesday November 10, 2021

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Barbara Y. said: I found your instructions and sample for completing a quit-claim deed in Arizona to be simple and easy to follow with one exception. The website to use in order to determine the code for the reason for exemption of fees was incorrect, as a result of which I had to contact the County Recorder to obtain that information.

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Christine B. B. said: The Personal Representatives Deed is definitely a helpful document for my files. I find it need just a little tweaking by deeds.com , There should be more space for the legal description. I did see in the FAQ's you recommend putting it in the Exhibit and this is what I did. Also I couldn't get the year to be accepted and had to write it in. These are just some minor suggestions, on the whole I was grateful to find this document. Thank you.

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