Virginia - Clarke County Personal Representative Deed Forms

All Clarke County specific forms and documents listed below are included in your immediate download package:

Personal Representative Deed Form - Clarke County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 11/19/2021

Personal Representative Deed Guide - Clarke County

Line by line guide explaining every blank on the form.
Included document last updated 9/29/2021

Completed Example of the Personal Representative Deed Document - Clarke County

Example of a properly completed form for reference.
Included document last updated 9/22/2021

Included Supplemental Documents

The Following Virginia and Clarke County supplemental forms are included as a courtesy with your order.

Certificate of Transfer Form (Virginia Document)

Virginia Land Record Cover Sheet - Information (Virginia Document)

VA Circuit Court Deed Fee Schedule (Virginia Document)

Certificate of Acknowledgment (Virginia Document)

Jurat (Virginia Document)

Frequently Asked Questions:

• How long does it take to get my forms?
  • Forms are available immediately after submitting payment.
• What are supplemental forms?
  • Often when a deed is recorded additional documents are required by the state or local jurisdiction. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
• How do I get my forms, are they emailed?
  • After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
• What type of files are the forms?
  • All of our forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
• Can the forms be re-used?
  • Yes. You can re-use the forms for your personal use. For example, if you have more than one property in a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
• Are these forms guaranteed to be recordable in Clarke County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Clarke County including margin requirements, content requirements, font and font size requirements.
• Do I have to enter all of my property information online?
  • No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
• Can I save the completed form, email it to someone?
  • Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
• Do I need any special software to use these forms?
  • You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
• Are there any recurring fees involved?
  • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Personal Representative Deed Forms:

• Clarke County

Including:

• Berryville
• Bluemont
• Boyce
• Millwood
• Paris
• White Post

What is the Virginia Personal Representative Deed?

Probate is the legal process of settling a decedent's estate and distributing his property to devisees according to the provisions of a will or to heirs at law. A personal representative is the fiduciary confirmed by the court to administer the estate. When the decedent dies with a will, this person is called the executor. When the decedent dies without a valid will (intestate), this person is called the administrator.

A decedent's real estate passes to the beneficiaries named in his will as part of the probate process, subject to the executor's power of sale, if such power is included in the will. Intestate property passes pursuant to the course of descents established at 64.2-200, first to surviving spouse, then to decedent's children. It does not come under control of the administrator unless specified by court order.

When the decedent's will specifically directs the sale of real estate, the personal representative (either executor or administrator with the will annexed) may sell and convey the property (64.2-521). A testator (will maker) may incorporate fiduciary powers into his will, including the power to sell, transfer, and convey real property and execute and deliver conveyances of real property "in such form and with warranties and covenants as the fiduciary deems expedient and proper" (64.2-105(B)(3)). However, a power of sale is not the same as a directive to sell. To sell real estate, the personal representative must obtain an order granting the power of sale, unless the will directs otherwise.

Pursuant to a directive of the decedent's will or an order of the Circuit Court, use a personal representative's deed to transfer title to a purchaser/grantee with limited warranty of title. A personal representative's deed in the Commonwealth of Virginia is functionally equivalent to a special warranty deed. In Virginia, special warranty deeds also contain covenants of right to convey, quiet enjoyment, further assurances, and that the grantor has done no act to encumber, though these covenants are not implied (55-71 through 55-74). The grantor of a special warranty deed does not covenant that he is seized of the property, and he makes no warranty against encumbrances.

A personal representative deed identifies the fiduciary/grantor by name and capacity. It recites the decedent's name and file number assigned to the estate, as well as the court overseeing probate. The grantee's name, address, and vesting information and the derivation of title must appear on the face of the document to establish clear and marketable title. State the consideration the grantee is paying for the transfer of title. As with all document pertaining to an interest in real property, personal representative's deeds require a legal description of the subject parcel.

The fiduciary/grantor should also reference his source of authority to sell the property. To properly transfer title to the grantee/purchaser, the personal representative signs the deed in the presence of an authorized officer (Clerk, Deputy Clerk, or Notary Public) before recording in the city or county Circuit Court Clerk's office where the parcel is situated. State and local recording fees apply, unless the document notes a valid exemption. Use the Circuit Court deed calculation tool on Virginia's Court System website to determine recording fees. Verify accepted payment methods with the appropriate office.

Deeds must meet standards of form and content for recorded documents. Most county requirements coincide with the Library of Virginia's Standards for Recorded Instruments. Check with the Circuit Court Clerk's office to verify local rules and cover sheet requirements (17.1-227.1).

Consult a lawyer with questions about personal representative's deeds, or for any other issues related to decedent's real property in Virginia.

Save Time and Money

Get your Clarke 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 and local jurisdictions.

Our Promise

The documents you receive here will meet, or exceed, the Clarke 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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