Linn County Trustee Deed Form (Oregon)

All Linn County specific forms and documents listed below are included in your immediate download package:

Trustee Deed Form

Linn County Trustee Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Linn County compliant document last validated/updated 5/13/2024

Trustee Deed Guide

Linn County Trustee Deed Guide

Line by line guide explaining every blank on the form.
Included Linn County compliant document last validated/updated 3/29/2024

Completed Example of the Trustee Deed Document

Linn County Completed Example of the Trustee Deed Document

Example of a properly completed form for reference.
Included Linn County compliant document last validated/updated 4/9/2024

When using these Trustee Deed forms, the subject real estate should be physically located in Linn County, and the executed documents recorded in one of the following offices:

Linn County Clerk

300 4th Ave SW, Rm 205 / PO Box 100, Albany, Oregon 97321

Hours: 8:30 to 5:00 M-F / Same-day recording until 4:00

Phone: (541) 967-3829

Local jurisdictions located in Linn County include:

  • Albany
  • Brownsville
  • Cascadia
  • Crabtree
  • Crawfordsville
  • Foster
  • Halsey
  • Harrisburg
  • Lebanon
  • Lyons
  • Mill City
  • Scio
  • Shedd
  • Sweet Home
  • Tangent

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Forms are NOT emailed to you. Immediately after you submit payment, the Linn 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 does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Linn County using our eRecording service.
Are these forms guaranteed to be recordable in Linn County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Linn County including margin requirements, content requirements, font and font size requirements.

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 Linn County that you need to transfer you would only need to order our forms once for all of your properties in Linn County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Oregon or Linn 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.

What type of files are the forms?

All of our Linn 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.

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.

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.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

Oregon Trustee's Deeds & Transfers from Living Trusts

NOTE: This article pertains to living trusts, a type of express trust as set forth in the Oregon Uniform Trust Code (ORS 130.005). Deeds titled "trustee's deed," which transfer real property by an express trust, should not be confused with deeds titled "trustee's deed upon sale," which are used to convey real property after foreclosure under a deed of trust (see ORS 86.775 for trustee's deeds upon sale).

Oregon is among the majority of states that has adopted or introduced for adoption some form of the Uniform Trust Code, "a set of basic default rules that fairly, consistently and clearly govern voluntary trusts," providing a more consistent and uniform (as the name would suggest) framework of rules to govern voluntary trusts across states. States generally adopt parts of the Uniform Trust Code to work alongside existing legislation. In Oregon, the Uniform Trust Code is codified at Chapter 130 of the Revised Statutes.

A trust is an arrangement whereby a settlor transfers property to another person, a trustee, who manages the assets for the benefit of another (the beneficiary). The Uniform Trust Code requires that the settlor has the capacity and expresses the intention to create a trust; that the trust has a clear beneficiary; that the trustee has duties to perform; and that the same individual is not both sole trustee and sole beneficiary (ORS 130.155). Trusts must be made for purposes that are both lawful and attainable, and for the benefit of the trust's beneficiary (ORS 130.165).

In Oregon, a settlor may create a living trust through a transfer of property to another person or to himself as trustee. The settlor conveys real property into trust by executing a deed that titles property in the name of the trustee as trustee of the trust. As with any transfer, it is important to understand the legal rights and responsibilities of vesting title in the name of a trust. For example, spouses holding property as tenants by the entirety who transfer the property into trust change their rights in the property. Consult an attorney with questions about titling trust assets.

The settlor determines how his assets will be managed and establishes plans for the distribution of the trust's contents after death by executing a trust instrument. This unrecorded document also designates the trustee and the trust beneficiaries. In a living trust, "Appointing a successor trustee is essential" when the settlor also serves as the original trustee; this ensures that the trust will continue to be managed pursuant to the settlor's intentions upon his death or incapacitation.

The Uniform Trust Code gives the trustee all the general powers over trust property "that an unmarried financially capable owner has over individually owned property" unless otherwise limited by the terms set forth in the trust instrument, and the specific power to sell trust property (ORS 130.720, 130.725(2)). In order to transfer real property held in a living trust, the trustee executes a trustee's deed.

The trustee's deed is one in a class of instruments named descriptively after the granting party, rather than the warranty of title conveyed (think administrator's deed, executor's deed, sheriff's deed). A trustee may use any statutory deed to convey interest; a lawyer can help determine the appropriate document for the situation.

In Oregon, there are four statutory short forms for deeds: warranty deed, special warranty deed, bargain and sale deed, and quitclaim deed. A warranty deed (ORS 93.850) conveys the grantor's interest and any and all after-acquired title, along with the covenants that the grantor is seized of the property and has good right to convey; that the property is free from any encumbrances apart from those indicated on the deed; and that he warrants and defends the title against the claims of all persons. A bargain and sale deed (ORS 93.860) conveys interest and any and all after-acquired title, but contains no covenants. A quitclaim deed (93.865) conveys only the interest a grantor may have at the time of the deed (and not any interest the grantor obtains after).

In Oregon, trustees most frequently use a special warranty deed to convey property. A special warranty deed (ORS 93.855) has the same effect as a warranty deed, except that the covenant of freedom from encumbrances is limited to "those created or suffered by the grantor." With a special warranty, the grantor warrants and defends the title more narrowly -- solely against persons claiming "by, through or under the grantor."

In addition to titling property in the name of the grantee, the granting clause of a trustee's deed names all executing trustees (as grantors), along with the trust and the trust date. All instruments pertaining to real property in Oregon also need a statement of the true consideration paid for the transfer, an adequate legal description of the property being conveyed, and the requisite mailing addresses to meet first-page requirements. All trustees involved in the transaction must sign the deed in the presence of a notary public before recording in the appropriate county. Grantees may request that the trustee provide a certification of trust (ORS 130.860) to confirm the trust's existence and the trustee's authority to enter the transaction.

Each case is unique, so consult a lawyer with specific questions or for complex situations relating to express trusts in Oregon and for guidance in preparing a trustee's deed.

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

Our Promise

The documents you receive here will meet, or exceed, the Linn 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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January 26th, 2019

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