A trustee's deed is an instrument of trust administration used by a trustee to convey real property out of a trust.

A trust is created by a settlor, who funds the trust with real and/or personal property for estate planning purposes. Since a trust is not a person and cannot hold title, when the settlor transfers real property into the trust, title to the property is vested in the name of the trustee. The trustee manages the trust's assets according to the directions set out in the trust document, often for the benefit of a third party, called a beneficiary.

There is no statutory form for conveyances in Georgia, so long as the transfer between parties is clear (O.C.G.A. 44-5-33). A valid trustee's deed names the trustee as the grantor and provides basic information about the trust under which the trustee is acting, including the name and date of the trust. The settlor is not involved in the transfer. However, a certificate of trust is sometimes included, which names the original settlor of the trust, verifies the trust's existence and the trustee's authority to act on its behalf, and confirms the power of sale that the trustee has under the trust.

In Georgia, the basic trustee's deed is similar to a quitclaim deed, in that it offers no warranty of title. Depending on the situation, the trustee can add guarantees to bring the deed in line with special warranty or warranty deeds.

Since a trustee's deed affects real property, in addition to the information regarding the trust, it must also meet the content requirements for recording other deeds, including a legal description of the property subject to the transaction, the parcel identification number, and any restrictions or easements the transfer is subject to. All trustees must sign the deed, which must be witnessed by two people (one of which may be the notary) and acknowledged in the presence of a notary. The deed is then recorded in the county in which the real property subject to the trust is situated.

Trust law can quickly become complicated, and each situation is unique. Contact a lawyer with any specific questions and for guidance on trust law.

(Georgia Trustee Deed Package includes form, guidelines, and completed example)

Important: County-Specific Forms

Our trustee deed forms are specifically formatted for each county in Georgia.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

Common Uses for Trustee Deed

Transfer property between family members
Add or remove names from property titles
Transfer property into or out of trusts
Correct errors in previously recorded deeds
Gift property to others

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