Cass County Quitclaim Deed (Trustee Grantor) Form

A trust cannot hold a pen. When Illinois real estate stands in a trustee's name and the time comes to move it back out, the deed is signed by whoever occupies that office, in the capacity the office carries. This quitclaim deed is arranged for exactly that conveyance: one trustee as the sole Grantor, with the trust identified by name, date, and number.

The office signs, not the trust

Section 1 names the person or entity serving as trustee, and Section 12 gives that signer a single signature line, because the power to convey belongs to the office. 760 ILCS 3/815 gives a trustee, without court authorization, all powers over trust property that an unmarried owner with legal capacity has over individually owned property, and 760 ILCS 3/816 adds specific powers, among them sale and the execution of conveyances. A successor trustee named years later conveys under that same authority. What narrows it is the trust instrument, which is why this deed identifies the trust instead of reprinting its terms, and why underwriters read the instrument or a certification of trust under 760 ILCS 3/1013, prepared separately and not included here.

Capacity stated, personal liability disclaimed

The operative section says the Grantor acts as trustee and not individually, and adds that no obligation arising from the conveyance is personal to the person or entity serving as trustee. That answers 760 ILCS 3/1010(a): a trustee escapes personal liability on a contract properly entered into in the fiduciary capacity where that capacity was disclosed. The other side of the relationship is 760 ILCS 3/1012, which protects someone dealing with a trustee in good faith and for value, without knowledge that the trustee is exceeding its powers.

Express trust or land trust, on the grantor side

Illinois keeps two title-holding regimes, and the trust entries accept either. A revocable or irrevocable trust is an express trust under the Illinois Trust Code, in force since January 1, 2020. A land trust sits outside that Code by the terms of 760 ILCS 3/102, leaving the trust agreement and Illinois common law to govern the land trustee, whose beneficiaries hold personal property under In re Estate of Alpert. The difference shows on the grantor side: a land trustee ordinarily conveys at its beneficiaries' written direction, and the trust number blank is how a numbered land trust is recognized in a chain of title.

What the trustee grantor configuration carries

The form recites one Grantor block, three trust entries, one signature line whose printed name states the capacity, and one acknowledgment certificate tracking the substance of 765 ILCS 5/26. Patterns presenting this configuration include a successor trustee distributing a parcel to the beneficiaries once a revocable trust turns distributive, a trustee releasing a fractional interest to the co-owner buying it out, and a land trustee closing a numbered trust. The form is not set up for two cotrustees signing together, and it is not the receiving side of the relationship, where a grantee clause runs to a trustee and to successors in trust. Homestead property carrying the entirety statement 765 ILCS 1005/1c permits inside a revocable trust is its own case, because that section makes a deed effective only on both tenants' signatures.

Only what the trust held

765 ILCS 5/10 makes a deed in quitclaim form a release in fee of the legal and equitable rights the grantor holds at delivery, carrying no covenant of title, and after-acquired title stays outside unless words are added reaching it. Mortgages, judgments, tax liens, easements, and plat restrictions of record follow the parcel into the Grantee's hands.

At the recorder's counter

The deed gathers the face-of-document items Illinois conditions recording on, then settles transfer tax either way. A taxable trustee's deed travels with the PTAX-203 declaration or its MyDec electronic equivalent and the revenue stamps; an exempt one records on the signed and dated notation the form prints, with a blank for the paragraph of 35 ILCS 200/31-45 relied on. Page geometry follows the statewide format standards, so the printed deed lands in the standard class.

Three files arrive with the purchase: the fillable trustee quitclaim deed, an example completed from the trust entries through the notary's commission date for a Madison County distribution, and a guide walking every numbered section, the trust and homestead questions, notarization, and recording. None of this is legal advice; it describes Illinois law in general terms, and a question about one particular trust or title belongs with an Illinois attorney.