Is a Personal Representative Deed the Same As a Warranty Deed?

By Joe Stone
Personal representative deeds, use, probate proceedings
gavel image by Cora Reed from Fotolia.com

A personal representative deed and warranty deed are the same only in that they both convey ownership of land. The types of title assurance that the different deeds provide to the new owner are very different.

Conveyance

A conveyance of land is the legal term used to describe when one person acquires another person's ownership of the land. All conveyances must be evidenced by a written deed to be valid.

Warranties

When a deed is signed, it creates warranties from the old owner---the grantor---to the new owner---the grantee---regarding the condition of title to the property. The type of warranties made in the deed will depend on the language used in the deed.

Warranty Deed

A warranty deed provides the grantee with the highest assurances from the grantor regarding the condition of title to the property. By using a warranty deed, the grantor assures the grantee that there are no defects in title at all and the grantor is obligated to pay the grantee for any damages the grantee incurs due to a problem with title to the property.

Personal Representative Deed

Personal representative deeds are reserved for use in connection with probate---after the death of a property owner. The personal representative appointed by the probate court will use this special type of deed to convey the property to the heirs of the estate or sell the property to a third party, depending upon the terms of the will.

Special Warranties

The warranties provided with a personal representative deed are very limited. The warranty simply assures the grantee that the personal representative did nothing to cause a defect in the title during probate. Once the estate is closed and the personal representative discharged, the warranty is of no practical effect.

About the Author

Joe Stone is a freelance writer in California who has been writing professionally since 2005. His articles have been published on LIVESTRONG.COM, SFgate.com and Chron.com. He also has experience in background investigations and spent almost two decades in legal practice. Stone received his law degree from Southwestern University School of Law and a Bachelor of Arts in philosophy from California State University, Los Angeles.