A personal representative's deed is a fiduciary instrument executed by a personal representative (PR), who is appointed by the Probate and Family Court to administer a decedent's estate.

Use a deed of sale to convey title to a purchaser pursuant to a power of sale in the decedent's will and/or decree (license) following a petition of the court. A decree is required for all informally probated estates, regardless of the existence of a power of sale. Seek legal advice to ensure all prerequisites are met.

A PR deed conveys title with quitclaim covenants. The grantor of a PR deed warrants the title to the grantee against the lawful claims of persons claiming by, through, or under the grantor. Conveyances of title made by a PR to a purchaser for value are free from claims of general creditors and of legatees and devisees under the decedent's will, pursuant to REBA Title Standard No. 10.

The deed must meet the same standards for form and content as other instruments transferring title, and also contain details relating to the deceased owner. Depending on the situation, the PR might need to include additional supporting documents prior to recording.

Consult a lawyer with questions about Personal Representative's Deeds of Sale, or for any other issues related to probate proceedings in the Commonwealth of Massachusetts.

(Massachusetts Personal Representative DOS Package includes form, guidelines, and completed example)

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