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Trustee Deed Form - New Castle County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 9/14/2020
Trustee Deed Guide - New Castle County
Line by line guide explaining every blank on the form.
Included document last updated 9/16/2020
Completed Example of the Trustee Deed Document - New Castle County
Example of a properly completed form for reference.
Included document last updated 9/23/2020
*The Following Delaware and New Castle County supplemental forms are included as a courtesy with your order.
Realty Transfer Tax Return and Affidavit of Value
The state-wide as well as the county-specific Affidavit of Value are required and due at the time of recordation. Use the New Castle Affidavit of Exemption (pp. 2-3 of Affidavit of Value) when claiming an exemption. Lender may need to sign. The Wilmington Affidavit is required when claiming an exemption from local tax in that city.
Real Estate Tax Return Declaration of Estimated Income Tax
This form is for a non-resident, pass-through entity or corporation, who transfers real property in Delaware. The form is complete and comes with instructions.
Transfer Tax
This information sheet indicates which forms are required by each of the 14 individual communities within New Castle County and how to handle payments.
Transfer Tax Exemptions
If documentary tax stamp is due, it must be paid at the time of recording. This excerpt from the statutes lists all of the transfer tax exemptions under 5401 (1).
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Including:
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.
Get your New Castle County Trustee Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.
The documents you receive here will meet, or exceed, the New Castle County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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September 26th, 2020
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September 25th, 2020
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September 25th, 2020
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September 25th, 2020
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September 25th, 2020
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September 25th, 2020
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September 25th, 2020
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