Benton County Quitclaim Deed (Trustee Grantee) Form

A Minnesota deed can name a trustee and still tell the record nothing about the trust. Section 507.35 is the reason: where an instrument grants an interest to a person as trustee and the trustee's powers and the beneficiary of the trust are not set forth in it or by reference to a recorded or filed instrument, the trustee designation may be disregarded and gives no notice of any beneficiary's rights in the real estate. The Minnesota Quitclaim Deed (Trustee Grantee) is organized around that sentence. Whatever interest the grantor holds in the described Minnesota real property passes to a named trustee, to be held under a named trust, without warranty of title.

Section 4 answers the trustee powers question

The form devotes a numbered section to what section 507.35 asks, with two routes. The first is reference: entries for the instrument referenced, its document number, and the office where it is recorded or filed, which a certificate of trust under section 501C.1013 supports. Subdivision 2 allows that certificate to be used for conveying or mortgaging an interest in real property, and a certificate so used names each settlor and each original trustee and carries the statutory statement about the trustees' authority. The second route is the box beneath, where the powers and the beneficiary are written into the deed itself. Section 507.35 supplies a cure as well: a later instrument defining the powers and designating the beneficiary, executed by the trustee and recorded after the deed it repairs.

One grantor, one trust, one certificate

The form names exactly one grantor with a marital status entry, and exactly one grantee, identified as trustee together with the trust name and the date of the trust instrument. One signature line and one acknowledgment certificate in the section 358.66 short form close the deed, because a grantee does not sign a Minnesota deed. Several patterns present this configuration: a parent moving a lake cabin parcel to the trustee of a family trust whose certificate of trust already sits in the county index, an heir conveying an inherited fractional interest to the trustee of a trust another settlor created, and a funding conveyance made years after the trust was signed. This deed is built for one trust and one conveying owner; it is not set up as a conveyance out of a trust, where the trustee would sign.

What the deed tax line reads on a transfer into a trust

The tax arithmetic on a funding conveyance sits on the first page. Section 287.20, subdivision 3a, counts a transfer between a revocable trust and the grantor or grantors of that revocable trust as a designated transfer, and section 287.21 taxes a designated transfer at $1.65 instead of 0.0033 of net consideration. Section 272.115, subdivision 6, exempts a designated transfer from the certificate of real estate value, on the condition that the instrument indicates on its first page or signature page that the conveyance is one, which is why Section 1 carries that entry beside the deed tax and eCRV lines. Where the trust is irrevocable, the percentage rate and the eCRV filing govern instead.

Registered land and the examiner of titles

Minnesota's Torrens system treats trust title with care, and the Abstract or Registered entry on this form is where that begins. Under section 508.62, an instrument transferring registered land held in trust is registered only on the written certification of the examiner of titles or on a district court order, and the examiner does not certify unless the trust is court supervised or a trustee affidavit under section 501C.1014, with the trust document or a certificate of trust, is registered as a memorial on the certificate of title. Section 508A.62 states the same rule for land registered under sections 508A.01 to 508A.85. Those provisions govern the later conveyance out, which is why the memorial made when registered land goes in still matters.

A certificate of trust and a trustee affidavit are prepared and recorded separately and are not included here. The package delivers this Minnesota quitclaim deed to a trustee as a fillable PDF, a completed example prepared on an Olmsted County funding conveyance carrying $1.65 of deed tax, and a guide covering the numbered sections, the section 507.35 mechanics, the ways a Minnesota grantee may hold title, and the county steps from the auditor to the recorder. A quit claim deed to a trust and a trust transfer deed name this same instrument. The materials are informational and are not legal advice.