Download North Dakota Personal Representative Deed of Sale Legal Forms
North Dakota Personal Representative Deed of Sale Overview
Probate is the legal process of settling and distributing a decedent's estate according to the provisions of a will or the relevant jurisdiction's laws of intestate succession. The personal representative (PR) is the fiduciary authorized by the district court to administer the estate.
In North Dakota, title passes to devisees or heirs upon death by process of law, subject to rights of creditors and administration (N.D.C.C. 30.1-12-01). In some cases, the PR may need to sell realty to pay claims on the estate using the proceeds from the sale. The Uniform Probate Code authorizes PRs to enter certain transactions, including the sale of real property of the estate (N.D.C.C. 30.1-18-15(23)). In other instances, a PR may need to petition the district court for partition of a parcel to facilitate distribution (30.1-20-11). If partition cannot be made, the court may order a sale of real property.
A personal representative's deed is a probate instrument executed by a PR to transfer title to realty from an estate to a purchaser after a sale.
The personal representative's deed for a sale of real property conveys the decedent's interest in the subject property to the within named grantee (the purchaser). The deed contains statements that the grantor is the duly appointed and acting PR of the estate, and that the within named grantee desires to purchase the subject property.
Unlike a deed of distribution, the PR deed is a transfer made for consideration, and the grantee or grantee's agent confirms the amount paid for the transfer by providing a certificate of full consideration, or by stating an exemption from the requirement to provide the full consideration paid under N.D.C.C. 11-18-02.2(6).
The PR must sign the deed in the presence of a notary public before recording in the appropriate county recorder's office along with a certified copy of his/her letters.
Consult an attorney licensed in the State of North Dakota with questions regarding personal representative's deeds and probate procedures, as each situation is unique.
(North Dakota PRD of Sale Package includes form, guidelines, and completed example)