A trust is an arrangement created when one person (the settlor) conveys property to a second person (the trustee) for the benefit of a third (the beneficiary). The settlor executes a trust instrument to establish the terms of the trust, and funds the trust with assets. In Nebraska, express trusts, or trusts "created with the settlor's express intent, usually declared in writing," according to Black's Law Dictionary, 8th ed., are governed by the Uniform Trust Code, codified at Neb. Rev. Stat. Ann. 30-3801.

A non-testamentary trust, more commonly referred to as a living trust or an inter vivos trust, is used for estate planning purposes; it allows a settlor to plan for his assets, including real property interests, in the event of death. A settlor may appoint himself as the trustee and designate a successor trustee (the settlor may not be the sole beneficiary, however).

Specific powers confirmed upon the trustee under 30-3881 include the power to sell trust property. In Nebraska, the trustee's deed is used to convey real property from a living trust. As the administrator of the trust and because the trustee holds legal title to the property, it is the trustee's job to execute the trustee's deed. The deed should reference the trustee's name, as well as the name and date of the trust on behalf of which the trustee is acting. Additional documentation, such as a certificate of trust, may be required from the trustee.

The trustee's deed must meet all requirements for form and content for instruments affecting real property in Nebraska, including the name and vesting information of the grantee and a legal description of the property being transferred.

The covenants contained within the Nebraska trustee's deed make it a special warranty deed. The language of the form contains a covenant of seisin and a covenant against encumbrances (unless otherwise named in the form of conveyance), while warranting that the grantor defends the title against any claims arising by or through the grantor.

Each acting trustee's signature is required and must be acknowledged before the deed is recorded with the register of deeds in the Nebraska county where the property is located. Nebraska requires the grantee to complete a real estate transfer statement (available through the Department of Revenue as Form 521) for all transfers of real property. Contact the county's register of deeds to see if any additional supporting documentation is necessary, as each situation is unique.

Consult a lawyer with any questions regarding trust law and trustee's deeds in Nebraska.

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

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Trustee Deed for Inter Vivos Trust

Distribute inherited property among multiple heirs
Transfer property as part of estate administration
Record a trust's ownership interest with the county
Sell estate property to satisfy debts or obligations
Convey property as directed by a will or court order
Document the authority of a trustee to act on behalf of a trust

Compare other Nebraska deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination of Easement Transfer on Death Deed Transfer on Death Revocation Affidavit of Death Personal Representative Deed of Sale Personal Representative Deed of Distribution Affidavit for Transfer of Real Property without Probate Notice of Right to Assert a Lien Owner Notice of Commencement Contractor Notice of Commencement Notice of Termination Published Notice of Termination Notice of Termination Affidavit Construction Lien Construction Lien Amendment Construction Lien Assignment Construction Lien Release Partial Conditional Lien Waiver Partial Unconditional Lien Waiver Final Conditional Lien Waiver Final Unconditional Lien Waiver Mineral Deed Mineral Deed with Quitclaim Deed of Trust Assignment of Deed of Trust Deed of Full Reconveyance for Deed of Trust Land Contract Memorandum of Land Contract Full Release of Memorandum of Land Contract Certificate of Trust Disclaimer of Interest Notice of Lis Pendens Release of Notice of Lis Pendens

Important: County-Specific Forms

Our trustee deed for inter vivos trust forms are specifically formatted for each county in Nebraska.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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