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Indiana Trustee Deed with Warranty

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.

Deeds.com Indiana Trustee Deed with Warranty Forms Have Been Updated as Recently as Monday March 29, 2021

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Jon I. said: I liked the information I download. Just what I was looking for.

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Teri B. said: Glad to have all of the helpful extra information, even though they don't answer all questions for all situations. So, I accessed public records and asked questions at the auditor's office. Also, on my Mac computer, filling out the actual deed form is a challenge because the screen jumps to the last page everytime I try to type a few letters or hit the return key, so I'm rollling back up to the first 2 pages after most keystrokes. A bit annoying. Overall, happy to have these form options are available! There is really no need to wait and pay for an attorney when all the information needed is available via public records. Fill in the blanks!

Reply from Staff: Thanks so much for the feedback Teri. There are known issues between Adobe and Mac, we try to work around them as much as possible. Have a wonderful day!


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Pamela G. said: I have an apple phone. I could not fill in the form to pay because apple phones do not have a dash that can be used when the field requires a phone number with a dash. I had to borrow an android phone in which the telephone keypad had a dash that could be used. It was easy to pay using an android phone but impossible to pay using an apple phone. Remove the requirement for dashes to allow apple phones to use this service.

Reply from Staff: Thank you!


Indiana Trustee Deed with Warranty Form