New Castle County Quitclaim Deed (Trustee Grantee) Form

On this Delaware quitclaim deed the trust side of the transaction is the receiving side: the grantee entry names a trustee, taking title for an identified trust. The form recites one record owner as grantor, with a single signature and one acknowledgment certificate, and pairs the trustee's name with the trust's full designation and execution date on the grantee line, so the grantor's interest moves into trust ownership as the record leaves it, and no covenant of title travels with it.

A Grantee Line Built for Trust Title

Record ownership of Delaware trust real estate is held in a trustee's name, not the trust's own name, and the grantee entry of this edition is drafted to carry that full fiduciary designation. Delaware's certification of trust statute keeps the trust's private terms off the public record: under 12 Del. C. § 3591 a trustee may furnish an acknowledged certification stating the identity of the acting trustee and the manner in which title to trust property may be taken (§ 3591(a)(7)); the certification need not reveal the trust's dispositive terms (§ 3591(d)); and good-faith reliance on it is enforceable against the trust property (§ 3591(g)). The certification is its own instrument, prepared separately and not included in this package. An owner moving a residence into a revocable living trust, and an owner retitling a rental parcel in the name of an existing trust's trustee, present the pattern this deed recites.

Switching Off the Statutory Warranty Before the Trust Takes Title

Delaware settles the covenant question inside the granting words themselves. When a deed conveys through the unrestricted formula grant and convey, the statute reads a special warranty into it, binding the grantor and all who claim under the grantor (25 Del. C. § 121(b)). A quitclaim aimed at trust funding is drafted against that default: it transfers through release wording, or expressly strips the statutory words of their warranty effect, and the trustee takes the grantor's position in the title with nothing promised. The absence of warranty leaves no covenant obligation trailing the grantor after the deed records.

The recital architecture is also this edition's boundary. The form names a single individual grantor and a single trustee grantee; it is not set up as a conveyance signed by co-owners, which carries a signature line and a certificate for each releasing owner, and it is not set up as the outbound fiduciary configuration in which a trustee signs as grantor to pass property out of a trust. One owner conveying in, one trustee taking title: that is the pattern this quitclaim deed, also searched as a quit claim deed to a living trust, is built around.

The Trustee Class in the Transfer Tax

Delaware collects realty transfer tax on each instrument that meets the taxable document definition of 30 Del. C. § 5401(1), and conveyances running to or from trustees, nominees, and straw parties fall outside that definition, with the underlying transfer documented on the return. A deed placing real estate in a trustee's hands at trust funding belongs to that class. The Division of Revenue return and affidavit of gain and value still travels to the recording counter with an exempt deed, and the statewide acceptance gates hold: the county tax assessment parcel identification number appears conspicuously on the instrument (9 Del. C. § 9605(f)), and the first page names the person who prepared the deed (9 Del. C. § 9605(h)).

Three Recorders, One Matching Edition

Delaware writes no statewide layout rule for recorded deeds. Under 9 Del. C. § 9605(g) each county's recorder of deeds issues its own regulations governing paper, type, margins, and blank space, and the three rulebooks pull in three directions: the first-page reserve, the placement of the parcel and preparer data, and the minimum type size all differ from office to office. This trustee grantee quitclaim is therefore researched and built as three county editions, and a purchase delivers the edition matching the county where the property will record: New Castle County, Kent County, or Sussex County.

Each county edition of this deed to a trustee includes the blank quitclaim form as a fillable PDF, a completed example worked through on a trust-funding fact pattern set in that county, and a plain-language guide walking the entries in order. The materials are informational and are not legal advice.