[WSBAPT] Personal Representative's Deed

Sun Jul 29 14:08:45 PDT 2018

There are three statutorily defined forms of deeds. "Personal
Representative" is not one of them. What people usually mean by the term is
a deed that falls within the definition of a "Bargain and Sale" deed,
because it lacks certain representations and warranties a fiduciary, unlike
the deceased owner, cannot be expected to make that are in a Warranty Deed"
used in sales by actual owners. I specifically reference "Bargain and Sale"
deed in REPSAs entered into by estates. Title companies understand the
terms. 

http://app.leg.wa.gov/rcw/default.aspx?cite=64.04

John J. Sullivan

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of David Sweeney
Sent: Sunday, July 29, 2018 1:46 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Personal Representative's Deed

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
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[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-pr
actice-officers%2Flpo-forms&data=02%7C01%7C%7C9abba29824ed4282db6308d5f416d3
0a%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636683301221796728&sdata=DoJ
kASM172zwHcad8W9uUXL3nh%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

206-623-0579

 <mailto:hellerlaw at aol.com> hellerlaw at aol.com,
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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

 <mailto:conor at LambertLawPLLC.com> conor at LambertLawPLLC.com 

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