Maryland Trustee Deed

Trusts formed in Maryland are governed by the Estates and Trusts Article of the Maryland Code. Effective since January 1, 2015, the Maryland Trust Act (MTA) under Title 14.5 is adapted from the Uniform Trust Code and supplements the prior Maryland Discretionary Trust Act codified under Title 14.

According to Black's Law Dictionary, 8th ed., a trust is "a property interest held by one person (the trustee) at the request of another (the settlor) for the benefit of a third party (the beneficiary)." The settlor executes a trust instrument establishing the terms of the trust and "contributes property to a trust" (Md. Code Ann., Estates and Trusts 14.5-103(v)(1)).

In a living trust, the trustee holds title to property at the request of the settlor, and as such, conveyances of trust property must be made through the trustee, who generally has a power of sale under the trust instrument. Transferring real property held in trust to another party requires the use of a trustee's deed.

Trustees' deeds take their name from the person conveying the property, rather than from the type of warranties of title they carry, as with warranty deeds or quitclaim deeds. In Maryland, the trustee's deed is a fee simple conveyance. The deed can contain certain covenants of title, such as special warranty language that warrants the title against claims arising under the grantor's tenure.

The trustee conveys title to real property held by the trust as the grantor of the trustee's deed. The deed names each acting trustee and the name and date of the trust on behalf of which they are acting in addition to vesting title in the name of the grantee. As with all documents affecting real property, the trustee' deed requires a legal description of the property conveyed, as well as a reference to the prior instrument under which the trustee as grantor received title.

In Maryland, consideration statements must include the actual amount of money paid for the transfer, including the amount of a mortgage or deed of trust assumed by the grantee. State transfer tax is calculated from the consideration, with an increased rate for the first-time Maryland homebuyers purchasing a principal place of residence.

Pursuant to Md. Code Ann., Real Prop. 3-104(f)(1), deeds require a signed statement that the document has been prepared by or under the supervision of a Maryland attorney, or a party listed on the instrument. The deed must be signed by each acting trustee in the presence of a notary public before submitted for recording. In addition to meeting state and local recording standards, trustee's deeds may also require supporting documentation, which may vary from case to case.

Contact an attorney with any questions regarding Maryland trusts and trustee's deeds.

(Maryland TD Package includes form, guidelines, and completed example)