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Georgia Trustee Deed

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.

Deeds.com Georgia Trustee Deed Forms Have Been Updated as Recently as Wednesday March 20, 2019

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A. S. said: First, I am glad that you gave a blank copy, an example copy, and a 'guide'. It made it much easier to do. Overall I was very happy with your products and organization... however, things got pretty confusing and I have a pretty 'serious' law background in Real Estate and Civil law. With that said, I spent about 10+ hours getting my work done, using the Deed of Trust and Promissory note from you and there were a few problems: First, it would be FANTASTIC if you actually aligned your guide to actually match the Deed or Promissory Note. What I mean is that if the Deed says 'section (E)' then your guide shouldn't be 'randomly' numbered as 1,2,3, for advice/instructions, but should EXACTLY match 'section (E)'. Some places you have to 'hunt' for what you are looking for, and if you did it based on my suggestion, you wouldn't need to 'hunt' and it would avoid confusion. 2nd: This one really 'hurt'... you had something called the 'Deed of Trust Master Form' yet you had basically no information on what it was or how to use it. The only information you had was a small section at the top of the 'Short Form Deed of Trust Guide'. Holy Cow, was that 'section' super confusing. I still don't know if I did it correctly, but your guide says only put a return address on it and leave the rest of the 16 or so page Deed of Trust beneath it blank... and then include your 'Deed of Trust' (I had to assume the short form deed that I had just created) as part of it. I had to assume that I had to print off the entire 17 page or so title page and blank deed. I also had to assume that the promissory note was supposed to be EXHIBIT A or B on the Short Form Deed. It would be great if someone would take a serious look at that short section in your 'Short Form Deed of Trust Guide' and realize that those of us using your products are seriously turning this into a county clerk to file and that most of us, probably already have a property that has an existing Deed... or at least can find one in the county records if necessary... and make sure that you make a distinction between the Deed for the property that already exists, versus the Deed of Trust and Promissory note that we are trying to file. Thanks.

Reply from Staff: Thank you for your feedback. We'll have staff review the document for clarity. Have a great day!


Tanya D. said: No review provided.


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Georgia Trustee Deed Form