Fauquier County Personal Representative Deed Form (Virginia)

All Fauquier County specific forms and documents listed below are included in your immediate download package:

Personal Representative Deed Form

Fauquier County Personal Representative Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Fauquier County compliant document last validated/updated 9/27/2024

Personal Representative Deed Guide

Fauquier County Personal Representative Deed Guide

Line by line guide explaining every blank on the form.
Included Fauquier County compliant document last validated/updated 11/1/2024

Completed Example of the Personal Representative Deed Document

Fauquier County Completed Example of the Personal Representative Deed Document

Example of a properly completed form for reference.
Included Fauquier County compliant document last validated/updated 9/30/2024

When using these Personal Representative Deed forms, the subject real estate must be physically located in Fauquier County. The executed documents should then be recorded in the following office:

Clerk of Circuit Court: Recording Desk

29 Ashby St, Warrenton, Virginia 20186-3202

Hours: Monday - Friday 8:00 am - 4:30 pm

Phone: (540) 422-8100 or 422-8087

Local jurisdictions located in Fauquier County include:

  • Bealeton
  • Broad Run
  • Calverton
  • Casanova
  • Catlett
  • Delaplane
  • Goldvein
  • Hume
  • Markham
  • Marshall
  • Midland
  • Orlean
  • Rectortown
  • Remington
  • Somerville
  • Sumerduck
  • The Plains
  • Upperville
  • Warrenton

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 Fauquier 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 Fauquier County using our eRecording service.
Are these forms guaranteed to be recordable in Fauquier County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Fauquier 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 Fauquier County that you need to transfer you would only need to order our forms once for all of your properties in Fauquier County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Virginia or Fauquier 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 Fauquier 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.

Probate is the legal process of settling a decedent's estate and distributing his property to devisees according to the provisions of a will or to heirs at law. A personal representative is the fiduciary confirmed by the court to administer the estate. When the decedent dies with a will, this person is called the executor. When the decedent dies without a valid will (intestate), this person is called the administrator.

A decedent's real estate passes to the beneficiaries named in his will as part of the probate process, subject to the executor's power of sale, if such power is included in the will. Intestate property passes pursuant to the course of descents established at 64.2-200, first to surviving spouse, then to decedent's children. It does not come under control of the administrator unless specified by court order.

When the decedent's will specifically directs the sale of real estate, the personal representative (either executor or administrator with the will annexed) may sell and convey the property (64.2-521). A testator (will maker) may incorporate fiduciary powers into his will, including the power to sell, transfer, and convey real property and execute and deliver conveyances of real property "in such form and with warranties and covenants as the fiduciary deems expedient and proper" (64.2-105(B)(3)). However, a power of sale is not the same as a directive to sell. To sell real estate, the personal representative must obtain an order granting the power of sale, unless the will directs otherwise.

Pursuant to a directive of the decedent's will or an order of the Circuit Court, use a personal representative's deed to transfer title to a purchaser/grantee with limited warranty of title. A personal representative's deed in the Commonwealth of Virginia is functionally equivalent to a special warranty deed. In Virginia, special warranty deeds also contain covenants of right to convey, quiet enjoyment, further assurances, and that the grantor has done no act to encumber, though these covenants are not implied (55-71 through 55-74). The grantor of a special warranty deed does not covenant that he is seized of the property, and he makes no warranty against encumbrances.

A personal representative deed identifies the fiduciary/grantor by name and capacity. It recites the decedent's name and file number assigned to the estate, as well as the court overseeing probate. The grantee's name, address, and vesting information and the derivation of title must appear on the face of the document to establish clear and marketable title. State the consideration the grantee is paying for the transfer of title. As with all document pertaining to an interest in real property, personal representative's deeds require a legal description of the subject parcel.

The fiduciary/grantor should also reference his source of authority to sell the property. To properly transfer title to the grantee/purchaser, the personal representative signs the deed in the presence of an authorized officer (Clerk, Deputy Clerk, or Notary Public) before recording in the city or county Circuit Court Clerk's office where the parcel is situated. State and local recording fees apply, unless the document notes a valid exemption. Use the Circuit Court deed calculation tool on Virginia's Court System website to determine recording fees. Verify accepted payment methods with the appropriate office.

Deeds must meet standards of form and content for recorded documents. Most county requirements coincide with the Library of Virginia's Standards for Recorded Instruments. Check with the Circuit Court Clerk's office to verify local rules and cover sheet requirements (17.1-227.1).

Consult a lawyer with questions about personal representative's deeds, or for any other issues related to decedent's real property in Virginia.

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

Our Promise

The documents you receive here will meet, or exceed, the Fauquier 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 Fauquier 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.

4.8 out of 5 - ( 4434 Reviews )

James S.

November 21st, 2024

Forms used, created quitclaim deed that the county accepted without a second look (turns out they see deeds.com forms regularly via erecording and in person). Will be back for any real estate related forms I need and they carry. Will always be my first stop. Also, will use erecording next time, mad I didn't see it this time.

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November 21st, 2024

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November 20th, 2024

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April 29th, 2020

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July 30th, 2020

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