This form is a Personal Representative's Deed of Distribution where the Grantor is an Individual appointed as personal representative of the estate and the Grantee is the beneficiary entitled to receive the property from the estate. Grantor conveys the described property to Grantee and only covenants that the transfer is authorized by the Court and that the Grantor has done nothing while serving as personal representative to encumber the property. This deed complies with all state statutory laws.
Florida Personal Representative's Deed of Distribution
Category:
State:
Florida
Control #:
FL-038-78
Format:
Word;
Rich Text
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How to fill out Florida Personal Representative's Deed Of Distribution?
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FAQ
A distribution deed is a way to legally transfer real property when the party who is supposed to receive the property cannot be determined from the decedent's will. In most cases, the distribution of a deceased person's estate will be done in accordance with the directions contained in the terms of their will.
Typically, a personal representative does not have authority to sell homestead property in probate. Homestead property, whether devised or not, passes outside the probate estate.However, a decedent can direct the sale of homestead property in his or her will.
Personal representative's distributive deeds are used to transfer ownership of real property from a testate estate.Each situation is unique, however, so contact an attorney with specific questions or for complex cases.
The personal representative, in most cases, has not owned the property and does not have sufficient personal knowledge of the property to enable them to warrant the title to the property. Thus, the personal representative will sign a personal representative's deed which does not contain any warranties.
A personal representative deed and warranty deed are the same only in that they both convey ownership of land. The types of title assurance that the different deeds provide to the new owner are very different.
The personal representative can be an individual or a bank or trust company, subject to certain restrictions. To qualify to serve as a personal representative, an individual must be either a Florida resident or, regardless of residence, a spouse, sibling, parent, child, or other close relative of the decedent.