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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 Monday March 29, 2021

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Reply from Staff: Thank you!


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Michael L. said: I accidentally ordered the wrong deed package. Was looking for a quit claim deed and got a trustee deed. I immediately emailed the company, nothing back from them. I would like to exchange my purchase.

Reply from Staff: Thank you for your feedback. We replied to your message on December 20th at 2:05 pm, the reply was as follows: As a one time courtesy we have canceled your order/payment for the Trustee Deed document.


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Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Jamie F. said: I purchased he Alabama Correction Warranty Deed Form to correct a mistake in the legal description. However, this form says it must be signed by all who previously signed the deed. One of these people is now deceased. Can I use this form? How would it be different? I would give you 5 stars but wish this issue had been addressed. Thanks.

Reply from Staff: Thank you for your feedback. From the product description: All parties who signed the prior deed must sign the correction deed in the presence of a notary.


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Select County where the property is located.

Georgia Trustee Deed Form