[WSBAPT] Personal Representative's Deed

[David Sweeney]

I have noticed that sometimes a purchase and sale agreement will provide that the deed from the seller will be by a personal representative’s deed. I don’t think that is accurately descriptive of what warranties the deed should contain. I don’t believe there is any statutory definition of a personal representative’s deed.

I don’t believe the phrase, “Not Statutory,” means anything, except that  it is not provided for by statute.

It seems to me that it would be best for everybody to describe what warranties the deed should contain.

In making a distribution from an estate, I don’t think it hurts to title the form of deed, “personal representative’s deed, “ and then either use language from a Quit Claim deed or for a  bargain and sale deed, if the executor  does not want to make warranties.

On Jul 29, 2018, at 1:19 PM, Rod Harmon <rodharmon at msn.com<mailto:rodharmon at msn.com>> wrote:

Why does the form personal representative deed have the notation (not Statutory)?  It has the same words of conveyance of a bargain and sale deed, so it really is a statutory bargain and sale deed which should incorporate the statutory warranties for that type of deed.  But adding “not Statutory” to the form creates an ambiguity.  Is it a way of nullifying the statutory warranties?  And if so, why doesn’t the form contain any express warranties?

Rod Harmon

RODNEY T. HARMON
       Attorney at Law
         P.O. Box 1066
      Bothell, WA   98041
     Tel:   (425) 402-7800
     Fax:  (425) 458-9096
    www.rodharmon.com<http://www.rodharmon.com>
   rodharmon at msn.com<mailto:rodharmon at msn.com>




From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Stuart Heller
Sent: Friday, July 27, 2018 4:07 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Personal Representative's Deed

See Personal Representative's Deed at https://www.wsba.org/for-legal-professionals/join-the-legal-profession-in-wa/limited-practice-officers/lpo-forms<https://nam03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.wsba.org%2Ffor-legal-professionals%2Fjoin-the-legal-profession-in-wa%2Flimited-practice-officers%2Flpo-forms&data=02%7C01%7C%7C9abba29824ed4282db6308d5f416d30a%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636683301221796728&sdata=DoJkASM172zwHcad8W9uUXL3nh%2B7sUVizyM6YmGYRuQ%3D&reserved=0> . It is the last one on the list.

Stu

Stuart A. Heller
Law Office of Stuart A. Heller
6127 NE Keswick Drive
Seattle, WA 98105
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Conor Buie
Sent: Friday, July 27, 2018 12:47 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Cc: crystal at lambertlawpllc.com<mailto:crystal at lambertlawpllc.com>
Subject: [WSBAPT] Personal Representative's Deed

Does anyone on the list have a PR deed he/she would be willing to share?  I don’t seem to have one in my forms, and versions found online vary quite significantly.

Conor P. Buie, Esq.
Associate Attorney
Lambert Law Office PLLC
900 Washington Street, Suite 1010
Vancouver, WA 98660
phone (360)737-1473
fax (360)859-5259
conor at LambertLawPLLC.com<mailto:conor at LambertLawPLLC.com>
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