Elbert County Quitclaim Deed (Trustee Grantor) Form

Put a trustee on the giving side of a Colorado quitclaim deed and the authority question moves. C.R.S. 38-30-108, the representative capacity section Colorado drafters reach for first, speaks only to a grantee described as trustee; its subsections name the grantee and stop there. This fillable form is configured for the other side: one trustee signing as grantor, a numbered section identifying the trust and the name in which record title stands, and an acknowledgment certificate on the representative capacity short form at C.R.S. 24-21-516(1)(b).

Where a trustee's authority is written down

Colorado keeps the evidence of trustee authority off the face of the deed. C.R.S. 38-30-108.5(1) lets a trust convey, encumber, or lease an interest in real property in the name of the trust, and subsection (2) lets any trustee record a statement of authority under C.R.S. 38-30-172 evidencing the trust's existence and the trustee's authority over property held in the trust name. Once recorded, that statement stands as prima facie evidence of the facts stated in it insofar as they affect title. The companion document is the certification of trust at C.R.S. 15-5-1013, furnished to the other party in place of the trust instrument rather than filed. Both are prepared separately and neither is included here. Section 2 holds the blank for a recorded statement of authority's reception information, which an entry reading None of record answers where nothing has been filed.

Which name stands on the record title

Trust real property in Colorado sits under one of two vestings, and a new deed matches whichever the earlier instrument used: the trust's own name, the route C.R.S. 38-30-108.5(1) opens, or the trustee's name with the representative capacity described the way C.R.S. 38-30-108(1) asks of a trustee grantee. Section 2 collects the trust name, the date of the trust instrument, and separately the name in which record title stands, so the entries copy straight off the vesting deed, whose recording reference Section 7 then carries.

Sells and quitclaims, signed in a capacity

The conveyance is Colorado's statutory quitclaim. Under C.R.S. 38-30-113(1)(d) a deed in substantially the statutory form that leaves out words of warranty and puts quitclaim(s) where convey(s) would stand is a quitclaim deed without covenants, and it passes no title the grantor picks up after delivery, the working line between it and the bargain and sale form in the same section. Section 8 performs that conveyance with the trustee as its subject, stating that the grantor acts solely as trustee of the trust identified in Section 2 and not individually, assumes no personal obligation, and neither enlarges nor limits the powers the trust instrument confers. A closing line in capital letters restates the no warranty, no after-acquired title character.

One trustee, one trust, one certificate

The form recites exactly one trustee as grantor, one trust, and one grantee, with a signature and date block labeled for the capacity and a single acknowledgment certificate. Colorado's representative capacity short form reads that the record was acknowledged before the officer on a stated date by a named individual, as a stated type of authority such as trustee, of the party on whose behalf the record was executed, and the by-line blank holds those three elements together. A trustee distributing trust property to a beneficiary on winding up the trust, a trustee of a revocable trust releasing a parcel back to the settlor, and a successor trustee clearing a parcel out of a trust that no longer holds it all present the pattern this deed recites. The form is not set up for two cotrustees signing together, for a trustee on the receiving line rather than the signing line, or for a signature given through an attorney-in-fact.

At the clerk and recorder's counter

The deed is filed in the county holding the land, where C.R.S. 38-35-109 gives priority to whoever records first without notice. The documentary fee under C.R.S. 39-13-102 reaches only consideration above 500 dollars, so a distribution recited at no consideration commonly carries none; Section 6 holds either the figure or the exemption claimed under C.R.S. 39-13-104, beside a blank for the C.R.S. 39-13-102(5)(d) notation used on property that is not residential.

The purchase delivers this trustee grantor quitclaim deed as a fillable PDF, a completed example filled in for a Weld County distribution out of a family trust with the acknowledgment completed, and a guide covering every numbered section, the authority documents, and the recording steps. The materials are informational and are not legal advice.