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Personal Representative Deed Power of Sale Form - Garvin County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 2/11/2021
Personal Representative Deed Power of Sale Guide - Garvin County
Line by line guide explaining every blank on the form.
Included document last updated 2/9/2021
Completed Example of the Personal Representative Deed Power of Sale Document - Garvin County
Example of a properly completed form for reference.
Included document last updated 2/11/2021
*The Following Oklahoma and Garvin County supplemental forms are included as a courtesy with your order.
Affidavit - Documentary Stamp Tax
If purchase price or exemption number are not stated on the deed, this affidavit must be submitted to determine stamp tax or document exemption.
Documentary Stamp Tax Exemptions
This informational document excerpts relevant sections of the statutes and lists Oklahoma's transfer tax exemptions with explanations.
Documentary Stamp Tax Reference
This document answers any questions regarding Oklahoma Documentary Stamp Tax. It also contains a list of statutory exemptions (pp. 3-5).
Homestead Exemption
A homestead exemption is an exemption of $1,000 of the assessed valuation of the homestead property. Homestead exemption is granted to the homeowner who resides in the property on a permanent basis on January 1.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Including:
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.
Get your Garvin County Personal Representative Deed Power of Sale 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 Garvin 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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