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 Monday September 2, 2019
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