Sign In
Important Notice:
You understand and agree that you are ordering, and will receive, blank forms for creating a deed. You are NOT ordering a copy of your existing deed. Click Here for information on getting a copy of your existing deed.
Placing an order constitutes your explicit agreement with our Terms of Use
*The Following Pennsylvania and Allegheny County supplemental forms are included as a courtesy with your order.
Certificate of Residence Form (Allegheny County Document)
Transfer Tax Information (Allegheny County Document)
Valuation Factors/Short List (Allegheny County Document)
Statement of Value Form (Allegheny County Document)
Certificate of Acknowledgment (Allegheny County Document)
Act 50 Homestead/Farmland Application (Allegheny County Document)
Jurat (Allegheny County Document)
Valuation Factors/Long List (Allegheny County Document)
Frequently asked Questions (Allegheny County Document)
Example of Act 50 (Allegheny County Document)
Statement of Value (SOV) form (Pennsylvania Document)
Transfer Tax Information (Pennsylvania Document)
Valuation Factors/Short List (Pennsylvania Document)
Valuation Factors/Long List (Pennsylvania Document)
Certificate of Acknowledgment (Pennsylvania Document)
Jurat (Pennsylvania Document)
Including:
Using a Personal Representative's Deed in Pennsylvania
--
The information provided in this article is not meant to be exhaustive, and should not take the place of legal advice. We strongly recommend consulting a lawyer when administering an estate, as each situation is unique. Personal representatives have a fiduciary duty to serve in the estate's best interests, and are "personally liable for undue mistakes made in the administration of the decedent's estate" [1].
--
When Pennsylvania residents die, their estate is admitted to probate, regardless of whether they left a will. A will is a legal document whereby a person (testator) gives directions for the distribution of personal assets upon death, and identifies who will administer the estate. Probate is the legal process of distributing assets. In the Commonwealth of Pennsylvania, this process, also referred to as estate administration, is governed by Title 20 et seq. of the Pennsylvania Code (Decedents, Estates, and Fiduciaries).
A probate case begins with the Register of Wills for the county where the deceased claimed permanent residence. Those with property situated in two or more counties also require ancillary probate proceedings. The decedent's will, if one exists, is recorded at this time, along with supporting documents (ex. death certificate, affidavit of subscribing or non-subscribing witness, petition for grant of letters). Pennsylvania implements an expedited probate for estates valued under $50,000.
Upon petition for grant of letters, the Register of Wills issues letters of administration or letters testamentary, depending on whether the decedent died testate (with a will) or intestate (without a will). The letters are a document granting formal authority to the fiduciary who will administer the estate, and are filed as part of the probate case. Fiduciaries may also obtain a short certificate from the Register certifying their capacity to administer the decedent's estate.
This fiduciary is known generally as a "personal representative," or more specifically as either an executor (or executrix, if female) or an administrator. The term "executor" is used when the decedent died with a will and named an executor. The term "administrator" is used when (1) the decedent died without a will (2) the decedent died testate but failed to name an executor in the will, or (3) the decedent died with a will and named an executor, but the executor failed or ceased service. In short, an executor is someone designated by will as the personal representative, whereas an administrator is someone appointed by the Register.
All assets owned solely by the decedent must go through probate. Concerning real property, when the decedent vests title as a sole owner or as a tenant in common, the real property will need to go through probate before it can be distributed by the personal representative. Real property vested with rights of survivorship between or among joint tenants or between husband and wife as tenants by the entirety automatically vests in the surviving joint tenant(s) or spouse. Property held in trust may also avoid probate.
The personal representative has several responsibilities as fiduciary, including submitting a comprehensive inventory of the estate, filing a Pennsylvania Inheritance Tax Return, giving notice to beneficiaries, and paying any debts, before any distribution of assets can occur. Depending on the situation, this process may take several months, so seek legal advice to ensure that all requisite steps are met.
When the decedent leaves instructions for the succession of real property, the named beneficiaries in the will are called devisees. When there is no will, Pennsylvania laws of intestacy determine the succession of the decedent's real property, with title flowing to the decedent's heirs at law. Depending on the situation, the personal representative may sell the decedent's real property [2].
In Pennsylvania, both executors and administrators use the personal representative's deed to distribute or sell real property. As with other types of deeds executed by grantors in a representative capacity (such as trustee's deeds), the personal representative's deed in Pennsylvania typically carries a special warranty, covenanting that the grantor will warrant and defend the property against the lawful claims and demands of the grantor or grantors, and all persons claiming or to claim by, through, or under him or them (21 P.S. 6). The special warranty is fitting for grantors who are transferring property indirectly, or on behalf of, an estate, as they may not have comprehensive knowledge of the title's history prior to the decedent's death.
The deed identifies the acting personal representative as either an executor or administrator, as well as the decedent and date of death. In addition to the grantee and vesting information, legal description of the subject property, and title derivation required for documents pertaining to interests in real property, the personal representative's deed cites the date of the testator's will, if any; the date of probate; the county of probate; the file or case number; and the name of the personal representative.
The deed is signed by the acting representative in the presence of a notary public and recorded in the county Register of Deeds in which the subject real property is situated. Additional notices may be required in Pennsylvania concerning coal and mine subsidence, and supporting documents such as a death certificate and a short certificate may be required to verify the personal representative's authority to convey real property.
To formally close probate, the personal representative must file a report of completion with the register of wills.
If administration of estate not complete within two years of the decedent's date of death, the personal representative may have to file a status report with Register of Wills.
See more forms relating to estate administration at http://www.revenue.pa.gov/FormsandPublications/FormsforIndividuals/Pages/Inheritance-Tax.aspx#.WFABK-YrLIU.
Contact a lawyer with questions regarding estate administration and probate in Pennsylvania.
[1] http://www.whiteandwilliams.com/resources-alerts-Personal-Representatives-and-Fiduciaries-Executors-Administrators-and-Trustees-and-Their-Duties.html
[2] http://www.stallardlawoffice.com/single-post/2015/09/19/Posts-on-Pennsylvania-Real-Property-Title-Death-Wills-and-Joint-Ownership
Get your Allegheny County Personal Representative Deed 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 Allegheny County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
4.8 out of 5 (3112 Reviews) November 29th, 2021
Name: Krissyn S.
Review: It was so easy to find, download, and use the form I needed. Literally took about 5 minutes and I was ready to go. I loved that the download included a sample form and a guide to help fill out the form properly.
Reply from Staff on November 29th, 2021
Thank you for your feedback. We really appreciate it. Have a great day!
November 27th, 2021
Name: Sheryl G.
Review: Simple way to complete documents with very detailed instructions. And to be able to e-file them is great too.
Reply from Staff on November 27th, 2021
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
November 26th, 2021
Name: Susan S.
Review: What a delight to find this Website. Professionally done and easy to work with.
Reply from Staff on November 26th, 2021
Thank you for your feedback. We really appreciate it. Have a great day!
November 25th, 2021
Name: Gerald M.
Review: So easy to do. The examples and guides are well worth the few $$ this cost. Highly recommend!!
Reply from Staff on November 25th, 2021
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
November 24th, 2021
Name: Walter K.
Review: Works ok but could have more specific information. My wife and I both own the Quit Claim property, should we both sign as Grantors?
Reply from Staff on November 24th, 2021
Thank you!
November 23rd, 2021
Name: Gail J.
Review: Great! Got the document I needed
Reply from Staff on November 23rd, 2021
Thank you for your feedback. We really appreciate it. Have a great day!
November 23rd, 2021
Name: Julie A.
Review: This process was so easy. I am pleased with efficiency and ease of it all.
Reply from Staff on November 23rd, 2021
Thank you!
November 23rd, 2021
Name: Mary-Ann K.
Review: Very pleasantly pleased so far. Hope to hear from the town registrar Transfer On Death Deed accepted. Wish all legal proceedings were so simple . . .
Reply from Staff on November 23rd, 2021
Thank you for your feedback. We really appreciate it. Have a great day!
November 22nd, 2021
Name: Donna R.
Review: Hi! Is there a setting that I can click on that will make sure I'm notified via email when an update is made to my requests? Thank you!
Reply from Staff on November 22nd, 2021
Thanks for your feedback, we'll have someone look into it.
November 22nd, 2021
Name: Donna M.
Review: Appreciated the ability to not only download the form but the instruction's AND a sample.
Reply from Staff on November 22nd, 2021
Thank you for your feedback. We really appreciate it. Have a great day!
Use of Deeds.com Legal Forms. On our Site we make available for use self-help "fill in the blank" forms. If you use a form on our Site, you explicitly agree to our Terms of Use. You understand and agree that your purchase and/or use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs, not guaranteed or warranted to be current, up to date, or accurate.
NO WARRANTY. Do It Yourself Legal Forms available on our Website are not guaranteed to be usable, correct, up to date, or fit for any legal purpose. Use of any Do It Yourself Legal Form from our website is done so AT YOUR OWN RISK.
If you use any Do It Yourself Legal Form available on Deeds.com, you agree that: TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE LEGAL FORMS OR FOR ANY INFORMATION OR SERVICES PROVIDED TO YOU THROUGH THE DEEDS.COM WEBSITE. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, OUR SOLE OBLIGATION TO YOU FOR DAMAGES WILL BE LIMITED TO $100.00.
Nothing on this website should be considered a substitute for the advice of an attorney.
© DEEDS.COM INC. 1997 - 2021 ALL RIGHTS RESERVED | (330) 606-0119 | P.O. Box 5264, Fairlawn, OH 44334