Banks County Trustee Deed Form

Additional Georgia and Banks County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Banks County

Properties in any of these areas use Banks County forms:

• Baldwin
• Commerce
• Homer
• Maysville

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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: Your property must be located in Banks 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 Banks County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Banks 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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