Mchenry County Trustee Deed Forms (North Dakota)
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Form Package
Trustee Deed
State
North Dakota
Area
Mchenry County
Price
$27.97
Delivery
Immediate Download
Payment Information
Included Forms
All Mchenry County specific forms and documents listed below are included in your immediate download package:
Trustee Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last reviewed/updated 2/29/2024
Trustee Deed Guide
Line by line guide explaining every blank on the form.
Included document last reviewed/updated 11/10/2023
Completed Example of the Trustee Deed Document
Example of a properly completed form for reference.
Included document last reviewed/updated 10/31/2023
Included Supplemental Documents
The following North Dakota and Mchenry County supplemental forms are included as a courtesy with your order.
Frequently Asked Questions:
How long does it take to get my forms?
Forms are available immediately after submitting payment.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by North Dakota or Mchenry County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
How do I get my forms, are they emailed?
Forms are NOT emailed to you. Immediately after you submit payment, the Mchenry County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be sent to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance.
What type of files are the forms?
All of our Mchenry County Trustee Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Can the Trustee Deed forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Mchenry County that you need to transfer you would only need to order our forms once for all of your properties in Mchenry County.
Are these forms guaranteed to be recordable in Mchenry County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Mchenry County including margin requirements, content requirements, font and font size requirements.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
Areas Covered by These Trustee Deed Forms:
- Mchenry County
Including:
- Anamoose
- Balfour
- Bantry
- Deering
- Drake
- Granville
- Karlsruhe
- Norwich
- Towner
- Upham
- Velva
- Voltaire
What is the North Dakota Trustee Deed
Transferring Real Property from a Trust in North Dakota
A trust is an arrangement whereby a person (the grantor or settlor) transfers property to another (the trustee) for the benefit of a third (the beneficiary). In general, trusts in North Dakota are governed by Chapters 59-09 through 59-19 of the North Dakota Century Code as the North Dakota Uniform Trust Code.
To create a trust, the settlor transfers property to a trustee either during his lifetime (an inter vivos trust) or by will upon his death (a testamentary trust) (N. D. Cent. Code 59-12-01). It must be created for lawful purposes and have a definite beneficiary, or a person with "a present or future beneficial interest in a trust, vested or contingent, including the owner of an interest by assignment or transfer" ( 59-09-05, 59-12-04; 59-09-03(3)(a)).
In North Dakota, trusts relating to real property are invalid without a written instrument signed by the trustee ( 59-12-18). The trust instrument is an unrecorded document executed by the settlor that "contains [the] terms of the trust, including any amendments to the record" ( 59-09-03(25)). In addition to designating the trustee (and successor, if the settlor also serves as the original trustee) and conferring specific powers upon the trustee, the trust instrument establishes the scope of trust's assets and identifies trust beneficiaries.
An inter vivos (living) trust is an alternate method of holding title to real property for estate planning purposes. The settlor transfers real property into the trust by executing a deed titling the property in the name of the trustee as representative of the trust. The trustee administers the trust according to the terms set forth in the trust instrument.
The trustee "is presumed to have the power to sell, convey, and encumber the real property unless restrictions on that power appear in the records of the county recorder" ( 47-140-26). The trustee's authority to convey property is further established by the statutory general power of trustees to exercise "all powers over the trust property which an unmarried owner, who is not an incapacitated person, has over individually owned property of the trustee" and the specific power to sell property, as established by the North Dakota Uniform Trust Code ( 59-16-15, 59-16-16(2)).
In order to convey real property out of the trust, the trustee executes a trustee's deed. The form of conveyance takes its name from the granting party rather than from the type of warranty of title given, as with a warranty deed or special warranty deed, for example.
In North Dakota, the trustee's deed is typically a special warranty deed passing fee simple title, containing the covenants that the grantor has not previously conveyed right, title, or interest to another person and that the property is free from encumbrances made by the grantor or persons claiming under the grantor. These covenants are implied unless explicitly stated otherwise in the form of the conveyance ( 47-10-19).
Because real property held in trust is titled in the name of the trustee on behalf of the trust, in addition to naming each acting trustee, the trustee's deed should reference the trust and date of execution of the instrument establishing the trust. A certificate of trust under 59-18-13 or trustee's affidavit is typically unnecessary, though in some cases is advisable. Consult a lawyer with questions.
Deeds executed by trustees must meet all the same requirements for form and content for documents affecting interests in real property, including a statement of full consideration and legal description of the property being conveyed. All acting trustee signatures, made before a notary public, should be present before the deed is recorded in the office of the recorder of the county in which the subject property is located.
(North Dakota TD Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Mchenry 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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Get your Mchenry County Trustee Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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