Montgomery County Personal Representative Deed Form (Maryland)
All Montgomery County specific forms and documents listed below are included in your immediate download package:
Personal Representative Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Montgomery County compliant document last validated/updated 9/12/2024
Personal Representative Deed Guide
Line by line guide explaining every blank on the form.
Included Montgomery County compliant document last validated/updated 7/23/2024
Completed Example of the Personal Representative Deed Document
Example of a properly completed form for reference.
Included Montgomery County compliant document last validated/updated 10/4/2024
The following Maryland and Montgomery County supplemental forms are included as a courtesy with your order:
When using these Personal Representative Deed forms, the subject real estate must be physically located in Montgomery County. The executed documents should then be recorded in the following office:
Montgomery County Circuit Court - Land Records
50 Maryland Ave, Rockville, Maryland 20850
Hours: 8:30 to 4:30 M-F / Recording until 4:00 pm
Phone: (240) 777-9470
Local jurisdictions located in Montgomery County include:
- Ashton
- Barnesville
- Beallsville
- Bethesda
- Boyds
- Brinklow
- Brookeville
- Burtonsville
- Cabin John
- Chevy Chase
- Clarksburg
- Damascus
- Derwood
- Dickerson
- Gaithersburg
- Garrett Park
- Germantown
- Glen Echo
- Kensington
- Montgomery Village
- Olney
- Poolesville
- Potomac
- Rockville
- Sandy Spring
- Silver Spring
- Spencerville
- Suburb Maryland Fac
- Takoma Park
- Washington Grove
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Montgomery County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Montgomery County using our eRecording service.
Are these forms guaranteed to be recordable in Montgomery County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Montgomery County including margin requirements, content requirements, font and font size requirements.
Can the Personal Representative Deed forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Montgomery County that you need to transfer you would only need to order our forms once for all of your properties in Montgomery County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Maryland or Montgomery County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Montgomery County Personal Representative Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
When someone dies, his or her property will more than likely be subject to probate. Probate is the court-supervised process of transferring a decedent's property to those entitled to receive it. In Maryland, the Orphans' Court handles probate in each judicial jurisdiction.
Excluding property held with a survivorship interest, beneficiary designation, or in a trust, all the decedent's property is subject to administration through probate. In Maryland, the process of estate administration is governed by the Maryland Estates and Trusts Code.
Probate is initiated in the Office of the Register of Wills. Following petition for probate, the court appoints a personal representative (PR) of the estate. In some states, the PR may be called an "executor" (when named by the decedent's will) or an "administrator" (when selected by the court). Maryland, however, uses the general term "personal representative" (PR) in both instances.
The court issues letters of administration to commence the PR's duties. This includes marshalling the decedent's assets, taking inventory of the estate, paying the relevant taxes, valid debts, and administrative costs, and distributing the estate to heirs.
When the decedent dies leaving a will, he is said to have died testate. A testator (person who executes a will) directs the distribution of his or her property by executing a will. The person named as personal representative in the will has a duty to bring the will to the Register of Wills to open probate.
When the decedent dies without a will, he is said to have died intestate. Maryland's laws of intestate succession provide instruction for who has priority to serve as personal representative of a decedent's intestate estate and who will inherit the decedent's property after applicable taxes, debts, and administrative fees have been paid.
As part of administration, the PR may be required to devise real estate pursuant to the terms of the decedent's will or to make a distribution of real property to an heir. The decedent may even have left instructions in the will to sell his or her real property, or the PR may need to sell real property to pay the estate's debts. In Maryland, personal representatives may execute all statutory powers without first gaining court approval, including selling property (Md. Code, Estates and Trusts 7-401).
To transfer title to real property from a decedent's estate, the PR executes a personal representative's deed. Maryland's statutory personal representative's deed under Real Property Code 4-202 conveys the whole interest and estate to the grantee "unless a limitation or reservation shows, by implication or otherwise, a different intent" (Real Property Code 2-101).
Typically, personal representative's deeds, like other fiduciary deeds, contain special warranty covenants of title. Under Md. Code, Real Property 2-106, a grantor of a special warranty deed covenants that "he will warrant forever and defend the property to the grantee against any lawful claim and demand of the grantor and every person claiming or to claim by, through, or under him."
A personal representative's deed contains information relevant to the probate case, such as the name of the personal representative, the decedent's name, the file number assigned to the estate by the Register of Wills, and the county in which probate is opened. It should meet all other standards of form and content for documents pertaining to an interest in real property in the State of Maryland. A PR deed must be signed by the PR in the presence of a Notary Public before recording in the Land Records Division of the Circuit Court in the jurisdiction where the subject real estate is located.
The information presented in this article is general in nature and does not replace the advice of a lawyer. Before recording a deed, consult a lawyer to ensure all state, county, municipal, and situation-specific requirements are being met.
Contact a lawyer with questions about estate administration and preparing a personal representative's deed in Maryland.
(Maryland PRD Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Montgomery County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Montgomery County Personal Representative Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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