New Castle County Trustee Deed Form

Additional Delaware and New Castle County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in New Castle County

Properties in any of these areas use New Castle County forms:

• Bear
• Claymont
• Delaware City
• Hockessin
• Kirkwood
• Middletown
• Montchanin
• New Castle
• Newark
• Odessa
• Port Penn
• Rockland
• Saint Georges
• Townsend
• Wilmington
• Winterthur
• Yorklyn

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Used in trust administration, a trustee's deed conveys real property out of a trust and vests title in the name of a grantee. Unlike other instruments of conveyance, this deed is named for the person executing the deed rather than the type of transfer it is.

A trustee is the person who holds legal title to trust property in the name of the trust. The trustee is appointed in the trust instrument, an unrecorded document executed by a trustor, who funds a trust with assets. The powers of the trustee relevant to the conveyance of real property are also enumerated in the trust instrument.

The trustee's deed follows the statutory form for conveyances of real property in Delaware (Del. Code tit. 29, 121(a)). Pursuant to Del. Code tit. 29, 121(b), the deed functions like a special warranty deed, meaning it carries a warranty of title only for the duration of the current grantor's ownership of the property.

Under a trustee's deed, the trustee is named as the grantor, and basic information about the trust under which the trustee is acting also appears. As with all instruments affecting real property, the trustee's deed requires a legal description of the subject property. All acting trustees named under the trust instrument as required to sign must sign the deed in the presence of a notary public for a legal transfer. The deed is then recorded in the county in which the subject property is situated. Also, note that each of Delaware's three counties specify different deed format requirements, so make sure to use the correct layout for the property's location.

Each case is unique, so consult an attorney with any questions or for complex situations.

Important: Your property must be located in New Castle County to use these forms. Documents should be recorded at the county recording office listed above.

This Trustee Deed meets all recording requirements specific to New Castle County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable New Castle County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

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