Trustees use this form to transfer real property located in Indiana out of trust, with warranties of title as set out in Ind. Code 32-17-1-2. The deed should be executed by the trust's acting trustee(s).

A trustee's deed is an instrument used in trust administration to convey real property out of a trust. Unlike other forms of conveyance, which are named for the type of warranties they carry, the trustee's deed is named after the executing trustee.

The trustee is the administrator of a trust who is appointed by the settlor. The settlor is the person who funds the trust with assets -- in this case, real property. The settlor executes a trust instrument, which contains the provisions of the trust, including a designation of the trust's beneficiaries. This document is generally not of public record.

The trustee serves as the grantor in the trustee's deed. If there are multiple trustees or the trustee appears as a successor, this information is included also. The settlor does not enter directly into the transaction. In addition, the deed states the trust name and date under which the trustee is appearing, as well as any amendments made to the trust instrument.

All instruments of conveyance in Indiana require a legal description of the property begin conveyed, the grantee's information, and the root of title, as well as a "prepared by" statement and affirmation statement regarding the redaction of Social Security Numbers. All acting trustees must sign the deed in the presence of a notary public before the deed is recorded in the county in which the real property is situated.

Because trustees act in a fiduciary capacity, they may be asked to provide a certification of trust, demonstrating that the trust exists and their authority to enter into transactions on behalf of the trust.

The trustee's deed may require additional information depending on the situation. These instruments may or may not include warranties of title, so make sure to use the correct form for the situation. Consult a lawyer with specific questions or guidance in preparing a trustee's deed.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Trustee Deed with Warranty

Document the authority of a trustee to act on behalf of a trust
Facilitate the sale of trust-held real estate
Document a change of trustee for properties held in trust
Establish a trust's interest in real property for public record
Provide evidence that a trustee has authority to transact
Convey property as directed by a will or court order

Compare other Indiana deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination, Cancellation of Easement / Right of Way Mineral Deed Mineral Deed with Quitclaim Covenants Transfer on Death Deed Transfer on Death Deed Revocation Transfer on Death Deed Beneficiary Affidavit General Durable Power of Attorney Limited Power of Attorney for Real Property Mortgage Secured by Promissory Note Full Release of Mortgage Contract for the Sale of Real Estate Installment Contract for Sale of Real Estate Memorandum of Contract Full Release of Memorandum of Contract Affidavit of Surviving Joint Tenant Affidavit of Surviving Spouse Trustee Deed without Warranty Personal Representative Deed for Distribution Personal Representative Deed for Sale Notice of Furnishing Notice of Intention to Hold Lien Mechanics Lien Partial Lien Waiver Final Lien Waiver Satisfaction of Lien Lis Pendens Notice Release of Lis Pendens Notice Disclaimer of Interest Certificate of Trust

Important: County-Specific Forms

Our trustee deed with warranty forms are specifically formatted for each county in Indiana.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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