Maine Personal Representative Deed of Sale Testate Overview

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Maine Personal Representative's Deed of Sale for a Testate Estate

The personal representative's (PR) deed of sale for a testate estate, under 33 M.R.S. 775-3-D, is a fiduciary instrument used to convey real property from an estate to a grantee (purchaser) when the decedent has died with a will. The PR deed conveys interest without any implied covenants of title (33 M.R.S. 771).

A personal representative of a testate estate is someone named in the decedent's will to administer the estate.

The personal representative must have a court order to sell real property, unless the terms of the decedent's will direct the sale. The PR may be required to give notice of the sale, unless the will waives this requirement.

In addition to meeting the standard content requirements for real estate conveyancing documents, PR deeds must reference information regarding the relevant probate case. Deeds are subject to transfer taxes in Maine, and require a real estate transfer tax form, unless a valid exemption is noted on the deed. File the deed at the appropriate county's Register of Deeds.

Consult a lawyer with questions about Maine personal representative's deeds or with other inquiries related the probate process.

(Maine PRD Package includes form, guidelines, and completed example)

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