Benewah County Quitclaim Deed (Trustee Grantor) Form

A trustee signs this Idaho quitclaim deed, and the instrument records two things an ordinary deed never has to: the capacity the signature is made in, and the authority behind it. The form recites one Grantor, trustee of one identified trust, and releases to the named Grantee whatever interest the trust holds at delivery, without covenant or warranty of title.

The power to convey travels with the office

Idaho gives a trustee broad conveyancing power without a trip to court. Idaho Code Section 68-105(a) gives the trustee all powers conferred by the Uniform Trustees Powers Act unless the trust instrument limits them, and Section 68-106(a) allows the trustee to perform, without court authorization, every act a prudent man would perform for the purposes of the trust. Section 68-106(c)(7) names the power to sell, convey, or dispose of an asset at public or private sale, and Section 68-106(b) states the duty to exercise it with due regard to the fiduciary obligation. Section 7 of the form is where the trust provision, statute, or court order relied on is written down.

The transaction a trustee cannot close alone

One boundary earns its own entry. Idaho Code Section 68-108(b) provides that where the trustee's duty and the trustee's individual interest, or the trustee's interest as trustee of another trust, conflict in the exercise of a trust power, the power may be exercised only by court authorization, subject to the exceptions the section names. A deed running from the trust to the same person individually, or between two trusts sharing a trustee, is the shape that statute reaches, and Section 7 identifies the authorizing order by court, case number, and date.

A certificate that names the capacity, not only the signer

Idaho Code Section 51-116 supplies two short form certificates, and a fiduciary signature calls for the second. Subsection (1) covers an acknowledgment in an individual capacity; subsection (2) covers a representative capacity and adds, after the signer's name, the type of authority, such as officer or trustee, and the name of the party on behalf of whom the record was executed. Idaho Code Section 51-102 folds the declaration of proper authority into the acknowledgment itself and lists a trustee among the recognized capacities. The certificate here is completed with the name, the trustee capacity, and the trust. Certification of that kind is what Idaho Code Section 55-805 makes the condition of recording, and no witness signs an Idaho deed.

What the trustee grantor configuration carries

Section 1 gathers the acting trustee's name, the trust's name, the trust date, and a mailing address; Section 2 holds the grantee name and the complete mailing address Idaho Code Section 55-601 requires. The conveyance section states that record title stands in the name of the Grantor as trustee, and that the deed passes the interest held in that trust capacity and no interest the same person holds individually. Because Idaho Code Section 55-612 reads two covenants into a conveyance using the word grant unless express terms restrain them, the operative sentence instead remises, releases, and forever quitclaims, with the restraint stated by name, so this quitclaim deed, also searched as a quit claim deed, promises nothing about the chain of title. A successor trustee conveying after taking office, a trustee selling trust land to an outside buyer, and a trustee distributing a parcel to a beneficiary present the single signature pattern this deed recites. A conveyance executed by co-trustees under Idaho Code Section 68-109, and the deed a foreclosure trustee delivers under Idaho Code Title 45, Chapter 15, follow different patterns; the form is not set up as either.

Fee, format, and the county recorder

Idaho Code Section 55-808 places the acknowledged deed with the recorder of the county holding the land, and Idaho Code Section 31-3205 prices a conveyance of thirty pages or fewer at fifteen dollars, with no transfer tax behind it. Priority follows recording under Idaho Code Section 55-812, while Section 55-815 leaves an unrecorded deed good between the parties. Page one reserves three inches for the stamp or label.

The download carries three files: the fillable deed, a completed example running a Latah County distribution out of a family trust through every entry, and a guide to the sections, the certificate, and recording. The certification of trust in Idaho Code Sections 68-114 and 68-115 is prepared separately and not included. These materials describe Idaho law generally and are informational, not legal advice; an Idaho attorney can address a specific trust or parcel.