[WSBAPT] Personal Representative's Deed
Eric Nelsen
Eric at sayrelawoffices.com
Mon Jul 30 11:38:21 PDT 2018
I agree with Rod Harmon--the LPO form<https://www.wsba.org/for-legal-professionals/join-the-legal-profession-in-wa/limited-practice-officers/lpo-forms> "PR Deed" (Form 74-16) is merely a bargain and sale deed with a different title. So, for that matter, is the "Special Warranty Deed" (Form 16-09). The title means nothing in terms of interpretation of the deed; case law is quite clear that what matters is the conveyance language, when it comes to determining what warranties go with the deed. "Conveys and warrants" means it's a statutory warranty deed. RCW 64.04.030<http://app.leg.wa.gov/RCW/default.aspx?cite=64.04.030>. "Bargains, sells, and conveys" means it's a bargain and sale deed. RCW 64.04.040<http://app.leg.wa.gov/RCW/default.aspx?cite=64.04.040>. "Conveys and quitclaims" means no warranties. RCW 64.04.050<http://app.leg.wa.gov/RCW/default.aspx?cite=64.04.050>.
Of course a deed can also add or subtract from the warranties that were incorporated by the specific conveyance language, but I would argue vociferously that the subtraction of a warranty has to be expressly stated in the body of the deed. An ambiguous phrase like "not statutory" placed in the title of the document has no substantive effect against a clear invocation of bargain and sale warranties in the conveyance language.
It is possible to have a deed that says "bargains, sells, and conveys" in the conveyance language, but also includes a clause that expressly subtracts/cancels any and all warranties that would arise by statute--which results effectively in a quitclaim deed. But again, that needs to be in the body of the deed, not in the title.
I had a long exchange some years back (on which listserve I can't remember) with Mike Winslow and Dwight Bickel about deed warranties. It appears to me that the purpose of a PR deed is to allow a PR to effectively promise to the buyer: "Here's my deed. I don't know exactly what interest the decedent had in the property, but whatever it is, I'm conveying it to you. If the decedent allowed an impairment of title, that's your problem and I'm offering no warranty against that. But I am promising that I as PR have not impaired title to the property since I was appointed, and if anyone sues you claiming that I did so, I will defend your title against that claim."
So, in a contract to sell decedent's property, I include the following term:
Title shall be conveyed by a Personal Representative's Deed with only the following warranty language: "The Grantor, for itself and for its successors in interest, hereby expressly limits the covenants of the Deed to those herein expressed, and excludes all covenants arising or to arise by statutory or other implication, and does hereby covenant that against all persons whomsoever lawfully claiming or to claim by, through or under said grantor, and not otherwise, grantor will forever warrant and defend the same described real estate."
Then, my deed form is (I use a "^" as a reminder to provide the necessary information at that spot):
DOCUMENT TITLE: PERSONAL REPRESENTATIVE'S DEED
GRANTOR(S): ^[decedent], Estate of
^[PR's name], PR
GRANTEE(S): ^[purchaser]
LEGAL DESCRIPTION: [abbreviated legal]
See p. ^ for complete legal description.
TAX PARCEL NUMBER: ^
THE GRANTOR, ^, as Personal Representative of the Estate of ^, ^King County Superior Court Case #^, for $10 and other good and valuable consideration, grants, confirms, and conveys to ^ the following described real estate, situated in the County of ^, State of Washington:
^[legal description]
SUBJECT TO easements, covenants, conditions, and restrictions of public record.
The Grantor, for itself and for its successors in interest, hereby expressly limits the covenants of the Deed to those herein expressed, and excludes all covenants arising or to arise by statutory or other implication, and does hereby covenant that against all persons whomsoever lawfully claiming or to claim by, through or under said grantor, and not otherwise, grantor will forever warrant and defend the same described real estate.
Date:____________________
Estate of ^
By:________________________________
^, PR
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that ^ is the person who appeared before me, and said person acknowledged that s^he signed this instrument, and said person acknowledged that s^he was authorized to execute the instrument and acknowledged it as the Personal Representative of the Estate of ^, King County Superior Court Case #^, to be the free and voluntary act of said Estate for the uses and purposes mentioned in the instrument.
Date:____________________
__________________________________
Signature of NOTARY
__________________________________
Printed name of NOTARY
NOTARY PUBLIC in and for the State
of Washington, residing at ____________
My commission expires: ______________
Sincerely,
Eric
Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA 98144-3909
phone 206-625-0092
fax 206-625-9040
From: 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
Cc: 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>
www.lambertlawpllc.com<http://www.lambertlawpllc.com/>
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