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Personal Representative Deed Form - Lincoln County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 8/7/2020
Personal Representative Deed Guide - Lincoln County
Line by line guide explaining every blank on the form.
Included document last updated 8/10/2020
Completed Example of the Personal Representative Deed Document - Lincoln County
Example of a properly completed form for reference.
Included document last updated 8/10/2020
*The Following West Virginia and Lincoln County supplemental forms are included as a courtesy with your order.
Declaration of Consideration
This document contains information about the exemptions as well as general information. The form that must be submitted is on page 3 and needs to be acknowledged by a notary.
Sales Listing
This form is required in West Virginia and is due at the time of recordation.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Including:
A personal representative is the fiduciary appointed to administer a decedent's estate in probate. When the decedent dies with a will, the personal representative is the executor named in the will, or, if no executor is named, a qualifying beneficiary. When the decedent dies intestate (without a will), the personal representative selected by the court is called the administrator.
In the course of estate settlement, a personal representative may be required to execute and record a deed conveying real property from the estate following a sale. A decedent may designate in their will the specific real estate to be sold, or an estate's assets may be insufficient to pay its debts, and the personal representative may need to commence a suit in equity to subject the real estate to payment under W. Va. Code 44-8-7.
A fiduciary deed follows the statutory form of a deed under W. Va. Code 36-3-5. In addition, West Virginia requires a Declaration of Consideration or Value confirming the actual consideration paid or monetary value of the property being transferred (W. Va. Code 11-22-6).
Due to the nature of the fiduciary as a representative, a special warranty is typically appropriate. A covenant of special warranty means that the grantor promises to warrant and defend the property for the grantee against claims or demands of the grantor and persons acting by, through, or under him (W. Va. Code 36-4-3). This warranty is more limited than that of a general warranty deed because it does not extend prior to the time the grantor obtained title. In West Virginia, covenants run with the land, meaning they are also binding on any successor in title.
In addition to the statutory contents of a deed, personal representative's deeds contain information about the subject estate, such as the decedent's name and date of death, whether he or she left a will, the personal representative's name and his or her source of authority to sell the subject real estate, such as a testamentary power of sale under W. Va. Code 44-5A-3 or an order by the county commission.
The deed must be signed by the executor or administrator in the presence of a notary public before recording in the County Clerk's office for a valid transfer. The instrument should meet all requirements of form and content for documents relating to real property in West Virginia.
Consult a lawyer with questions about estate administration or personal representative's deeds in West Virginia.
Get your Lincoln 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 Lincoln 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 (1731 Reviews) August 13th, 2020
Name: Danny W.
Review: download complete..I am happy with results. Correct document for the state and my application, and it was a simple transaction.
Reply from Staff on August 13th, 2020
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August 13th, 2020
Name: Jim H.
Review: Well written form, and the guidance document and example supplied were very helpful.
Reply from Staff on August 13th, 2020
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August 13th, 2020
Name: Richard S.
Review: Not user friendly, and not an Adobe fan. The first page of Quitclaim Deed form cuts off the Parcel Identification line on the bottom. Also quite a few forms showed up to be downloaded , after I paid, so I was unsure if all the forms were part of the quitclaim package. I have adobe but was unable to locate the forms in adobe on my computer after I downloaded them. Just wanted to print out one quitclaim deed form, which would have taken less that 3 minutes. instead it took 97 minutes. Thank you, though, for having the form there.
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August 13th, 2020
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August 13th, 2020
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August 11th, 2020
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August 11th, 2020
Name: Robert J.
Review: Ordered the quitclaim forms. Amazing value! Received everything I needed and then some. The forms were easy to use and understand with the help of the guide. The best part was that once completed I used deeds.com's e-recording service to submit the document for recording (our county offices are still closed). Outstanding!
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