Arkansas Quitclaim Deed (Trustee Grantor)

Arkansas attaches a consequence to the way a trustee signs. Section 28-73-1010(a) of the Arkansas Trust Code shields a trustee from personal liability on a contract properly entered into in a fiduciary capacity the trustee disclosed in the contract, and this quitclaim deed is built around that disclosure: a single trustee is the grantor, the operative language states that the Grantor acts solely as trustee of the named trust and not individually, and the notary certificate carries the same capacity.

Where a trustee's authority to convey comes from

Two sources speak at once. Arkansas Code Annotated Section 28-73-816 lists the specific powers of a trustee, among them the power to acquire or sell property at public or private sale and to sign and deliver instruments useful to the exercise of those powers. The trust instrument is the second, because Section 28-73-105 gives a trust's terms priority over most default provisions of the chapter. Evidence of it travels apart from the deed: Section 28-73-1013 lets a trustee furnish a certification of trust instead of the trust instrument, and subsection (g) lets a good faith recipient enforce the transaction against the trust property as though its statements were correct. That certification is its own document, prepared separately.

A conveyance out of a trust with nothing promised

Section 18-12-102 reads three covenants into an Arkansas deed built on the phrase grant, bargain and sell, unless express words cut them off: seisin of an indefeasible fee simple, freedom from encumbrances the grantor made or suffered, and quiet enjoyment. An instrument that promises nothing keeps away from that phrase and says so on its face. This one operates by remise, release, and forever quitclaim, and its conveyance section states that no statutory covenant arises. Whatever the trust holds at delivery is what moves, with mortgages, delinquent taxes, easements, and severed minerals riding along untouched.

Who signs, and what the certificate has to say

The trustee signs once, and the printed name line carries the name with the capacity. Two disinterested witnesses subscribe under Section 18-12-104. Then comes the certificate, where Arkansas leaves a small gap. Section 16-47-107 supplies acknowledgment forms for instruments executed by individuals, by attorneys in fact, and and by corporations, business trusts, partnerships, and other legal entities; none is captioned for the trustee of a private family trust. Section 18-12-202 supplies the governing measure instead: a form is sufficient where it identifies the place of acknowledgment, the person and the capacity in which that person acted, and states that execution was acknowledged. The certificate printed here is written to that measure.

No marital blocks on this deed

Deeds by Arkansas individuals carry marital freight. Dower and curtesy under Sections 28-11-301 and 28-11-307 reach lands a deceased spouse was seized of during the marriage, and Section 18-12-403 voids an instrument affecting a married person's homestead where the spouse does not join. The owner whose interest this deed passes is a trust rather than a married person, so the form carries no marital status entry and no joinder block. Configurations presenting this pattern include a trustee distributing trust real property to beneficiaries as an administration closes, a settlor taking a parcel back out of a revocable trust, and a trustee releasing whatever interest a trust may hold so that a later examiner finds a recorded release. A deed executed by cotrustees falls outside these blocks.

What the recorder looks for

The first page opens with the preparer statement of Section 14-15-403 and follows Section 14-15-402, with two and one half inches clear at the top right for the file mark and the same reserve at the foot of the last page. Transfer tax reaches consideration above one hundred dollars at $3.30 per $1,000, and the deed prints the Section 26-60-110 certification for the grantee or the grantee's agent; a distribution that prices nothing has nothing to certify, and Section 26-60-107 furnishes the affidavit route. Act 752 of 2025 reaches the grantor named in the deed or the individual signing on behalf of the grantor, which here is the trustee.

What the purchase includes

The download holds the Arkansas quitclaim deed in its trustee grantor configuration as a fillable PDF, a completed example worked through a Saline County distribution out of a family trust, and a plain language guide to the blanks and the recording steps. Searches that land here include quit claim deed from a trust and quick claim deed by a trustee. The materials are informational and are not legal advice.