Phelps County Quitclaim Deed (Trustee Grantee) Form

Everything distinctive about this Nebraska quitclaim deed sits on the receiving line. The grantee is not simply a person here, but a person named in a capacity, taking the released interest for a trust the deed identifies by name, by date, and by the jurisdiction under which it was established.

A grantee named in a capacity

The grantee block takes one trustee and a mailing address, and Section 9 prints without blanks: title vests in that person as trustee of the trust identified in Section 3, to be held under the terms of that trust and not in the trustee's individual capacity. The trustee's powers come from the trust instrument and from the Nebraska Uniform Trust Code, sections 30-3801 to 30-38,115, whose Section 30-3881 lists the trustee's specific powers, including collecting trust property and accepting additions from a settlor or any other person.

What the trust section pins down

Section 3 asks for three facts and nothing more: the trust's name, the date of the trust instrument, and the jurisdiction under which the trust was established. Those three sit among the contents of a certification of trust under Neb. Rev. Stat. Section 30-38,103, the affidavit a trustee later presents under Section 30-38,102 to establish the trust and the trustee's authority, signed and acknowledged by all acting trustees, prepared separately and not included in this package. Printing them on the deed lets a title examiner or a successor trustee tie this conveyance to the right trust years later.

One signature, and the trustee signs nothing

The form is fixed at one grantor and one grantee trustee: a grantor block with a marital status line, a signature line, and one acknowledgment certificate, for the grantor alone. A grantee takes under a Nebraska deed without signing it, so the trustee has no signature line. Owners moving a parcel into an existing living trust, a settlor funding a trust set up for a family member, and a conveyance putting the record on the trustee's name where an earlier instrument named only the trust all arrive in the shape this deed carries. Two co-trustees on the receiving side, a grantee taking individually, and a grantor side with more than one signer follow architectures this version is not set up as. Where the parcel is the homestead of a married grantor, Section 40-104 calls for both spouses to execute and acknowledge the instrument whoever the grantee is, a rule Mutual of Omaha Bank v. Watson reads strictly.

Quitclaim words, measured against a trust

The conveyance section remises, releases, and forever quitclaims the grantor's right, title, interest, claim, and demand, and states on its face that it passes only what the grantor holds at delivery, without covenant or warranty. Section 76-209 keeps a quitclaim deed outside the after-acquired-title rule, so an interest arriving to the grantor after delivery stays there rather than moving to the trustee. Mortgages, easements, liens, and unpaid taxes travel with the parcel into the trust.

An exemption that looks past the trustee

Documentary stamp tax falls on the grantor under Section 76-901, at $3.32 for each $1,000 of value or fraction of it for transfers before 2032, collected before the deed is accepted. Trust transfers have their own line: Section 76-902(19) reaches deeds transferring property into a trust where the same transfer would be exempt if made directly from the grantor to the trust's beneficiaries, so the analysis runs through the beneficiaries and past the trustee entirely. A transfer that misses the list is measured on current market value, the meaning Section 76-901 gives value for a gift or a nominal-consideration deed. Department of Revenue guidance on deeds to trustees also shapes the accompanying Form 521 Real Estate Transfer Statement, where the grantee entry is the trustee and the transfer type names the trust as revocable or irrevocable. Section 5 of the deed takes either the tax figure or the exemption subdivision, and the completed example enters subdivision 19 on a Dodge County transfer.

What the download contains

The package holds this trustee grantee version of the Nebraska quitclaim deed as a fillable PDF, the completed Dodge County example, and a plain language guide covering each entry, the certificate, the estates a grantee may take, and the recording steps. Searches reach it as a deed into trust, a deed to a trustee, a quit claim deed, or a quick claim deed; the Nebraska record calls the instrument a quitclaim deed. The materials are informational and are not legal advice.