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Trustee Deed Form - Atlantic County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 10/12/2020
Trustee Deed Guide - Atlantic County
Line by line guide explaining every blank on the form.
Included document last updated 9/23/2020
Completed Example of the Trustee Deed Document - Atlantic County
Example of a properly completed form for reference.
Included document last updated 10/13/2020
*The Following New Jersey and Atlantic County supplemental forms are included as a courtesy with your order.
Atlantic County Summary Sheet / Cover Page
This cover page is required to be part of any document affecting land title being recorded in Atlantic County, New Jersey. It is part of the recorded instrument and permanent record and should not be detached from the original document.
Gross Income Tax (GIT)
The Gross Income Tax form (GIT/REP) must be recorded with a deed when selling/transferring real property in New Jersey. Sellers must use one of the following forms: 1. Nonresident Seller's Tax Declaration 2. Nonresident Seller's Tax Prepayment Receipt 3. Seller's Residency Certification/Exemption 4. Waiver of Seller's Filing Requirement of GIT/REP Forms & Payment 4a. Waiver of Seller's Filing Requirement of GIT/REP Forms & Payment for Corrected Deed with no Consideration Each of these forms comes with its own instruction page. Consult the separate tax declaration information for further details.
Affidavit of Consideration
This affidavit must be recorded with all deeds - when entire consideration is not recited anywhere in deed, - when grantor claims total or partial exemption from fee, - for all Class 4 property that includes commercial, industrial, or apartment property, - and for transfers of “new construction.” Buyer's affidavit is required when the entire consideration is in excess of $1,000,000 and for every commercial property transfer.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Resident Decedent Forms
The NJ Estate Tax is in addition to the NJ Inheritance Tax. A tax is imposed upon the estate of every resident decedent having a date of death after December 31, 2001. A New Jersey estate tax return must be filed if the decedent’s Gross Estate exceeds $675,000. Form L-9 is an affidavit executed by the executor, administrator or joint tenant requesting the issuance of a tax waiver for real property located in New Jersey which was held by a resident decedent. Do not file the affidavit with the county clerk, but send to NJ Division of Taxation, Inheritance and Estate Tax.
Including:
Transferring Living Trust Property in New Jersey
A trust is an arrangement whereby a settlor transfers his property to another person (trustee) for the benefit of another (beneficiary). Trusts containing real property are estate planning tools governed by the terms of the trust instrument, an unrecorded document executed by the settlor. In a living trust, the settlor generally serves as the trustee or co-trustee of the trust. Living trusts take effect during the settlor's lifetime, and also allow the settlor to determine how his assets will be administered in the event of his death. The settlor conveys real property to the trust by executing and recording a deed.
As of July 2016, New Jersey is among 31 states, together with the District of Columbia, to have enacted some version of the Uniform Trust Code, which "provides a comprehensive model for codifying the law on trusts" on a national scale [1]. The New Jersey Uniform Trust Code is codified at Title 3B, Chapter 31 of the New Jersey Statutes.
Under the Trust Code, trustees are authorized to exercise powers conferred by the terms of the trust, except where the terms of the trust limit powers and where there are express restrictions by statute (NJS 3B:31-69). Trusts may include the trustee's power to sell real property. When transferring real property from a living trust, the trustee -- who holds legal title to the property in trust -- executes a deed as the trust's representative.
In New Jersey, grantors may execute a deed with or without warranties or covenants of title. Statutory grantor's covenants for deeds in New Jersey include assurances that the grantor holds an absolute estate in fee simple at the time of the deed; that the grantor has authority to convey the land; that the grantee will possess and enjoy the land without interruption by the grantor; that the grantor has not done anything or executed any deed to encumber title to the land; and/or that the grantor will, at the grantee's reasonable request, take action to convey the land "more perfectly or absolutely" (46:4-2 et seq).
Trustees conveying real estate from a living trust in New Jersey generally execute a bargain and sale deed with covenant as to grantor's acts, but other covenants might be appropriate, depending on the circumstances. Contact a lawyer with questions about this important decision. Conveying property with a warranty deed, for example, opens the trustee to a high degree of liability, even if he has no knowledge of the quality of title prior to his appointment.
Conveyances of real property executed by a trustee must meet the same requirements for form and content for deeds in the State of New Jersey, including a legal description of the subject property and tax map reference. The deed should name the each granting trustee, as well as the name, date, and address of the trust on behalf of which the trustee(s) is/are acting. Each trustee should sign the deed in the presence of a notary public before recording the deed, along with any appropriate affidavits and a seller's residency form, in the county in which the real property is situated.
Each case is unique, so please consult an attorney for more information about transferring real property from living trusts in New Jersey.
[1] http://www.uniformlaws.org/LegislativeFactSheet.aspx?title=Trust%20Code
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The documents you receive here will meet, or exceed, the Atlantic County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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