My Account Deeds.com Real Estate Deeds

Massachusetts Trustee Deed

Used to convey title to real property held in a living (non-testamentary) trust, the trustee's deed takes its name from the party executing the conveyance, the trustee. In Massachusetts, the trustee's deed typically carries quitclaim covenants guaranteeing title against claims arising only under the grantor's duration of ownership.

Trusts are governed by the Massachusetts Uniform Trust Code at chapter 203E of the Massachusetts General Laws. In a trust, the trustee holds legal title to property conveyed into trust by the trust's settlor, for the benefit of a beneficiary. A beneficiary is someone with a present or future interest in the trust (G.L.c. 203E, 103). The terms of the trust, including a designation of the trustee, the trustee's powers, and the trust's beneficiary, are set forth in the trust instrument, which is executed by the settlor and generally not recorded.

Conveyances by trustee are generally accompanied by a trustee's certificate under G.L.c. 184, 35, evidencing the trustee's authority in the transaction at hand. The trustee's certificate is recorded separately, either simultaneously with the deed conveying real property into trust, or when the trustee acts upon the title.

The Massachusetts Real Estate Bar Association (REBA) Title Standard 33 also addresses transfers by trustees. The standard states that recipients of a trustee's deed are not obligated to inquire into the trustee's authority if the trustee's certificate is presented, which recites that third parties may rely without inquiry on the acts of said trustee. The standard also applies if a trustee's certificate is unrecorded or unreferenced in the transfer, but the transfer is executed by all trustees appearing of record to be trustees.

Apart from naming each acting trustee, the trustee's deed recites the name of the trust and contains a reference to the trustee's certificate, if any, of record. The document should also contain a reference to the prior instrument granting title to the trustee. As the conveyance affects real property, the deed requires a legal description of the affected parcel. Each acting trustee must sign the deed in the presence of a notary public for a valid transfer.

Consult a lawyer for guidance, as trust law can quickly become complex, and each situation is unique.

Deeds.com Massachusetts Trustee Deed Forms Have Been Updated as Recently as Friday March 15, 2019

4.7 out of 5 (375 Reviews)

What others like you are saying:


mary g. said: Easy site. Reasonably priced

Reply from Staff: Thank you Mary.


Robert S. said: The cost was well worth it. It was very easy to download, fill in the necessary information and then print the deed. I filed my need deed today and everything was complete and accurate because of the example you provided.

Reply from Staff: Thanks Robert, we appreciate your feedback!


Michael L. said: Perfect timely service! Will use again!

Reply from Staff: Thank you!


Susan C. said: easy to use to get copy of documents. given your website by recorder in the country offices.

Reply from Staff: Thank you Susan, we appreciate your feedback.


ELIZABETH A P. said: THE FORMS WERE GOOD, EASY TO UNDERSTAND. NICE TO BE ABLE TO DOWNLOAD THEM INSTANTLY. LIKED THAT I DID NOT HAVE TO JOIN ANYTHING WITH ONGOING FEES.

Reply from Staff: Thank you Elizabeth, have a great day!


Thomas W. said: easy to use, no problems except in beneficiary box. Need to make the box bigger because I have 4 beneficiaries to list. how do I enlarge the box.

Reply from Staff: Thanks for reaching out. All available space on the document is being used. As is noted in the guide, if you have information that does not fit in the available space the included exhibit page should be used.


Massachusetts Trustee Deed Form