Polk County Trustee Deed Form (Oregon)

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

Trustee Deed Form

Polk County Trustee Deed Form

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

Trustee Deed Guide

Polk County Trustee Deed Guide

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

Completed Example of the Trustee Deed Document

Polk County Completed Example of the Trustee Deed Document

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

When using these Trustee Deed forms, the subject real estate must be physically located in Polk County. The executed documents should then be recorded in one of the following offices:

Polk County Clerk

850 Main St, Rm 201, Dallas, Oregon 97338-3179

Hours: 8:00 to 12:00 & 1:00 to 5:00 Mon-Fri / Recording until 4:30

Phone: (503) 623-9217

Local jurisdictions located in Polk County include:

  • Dallas
  • Falls City
  • Grand Ronde
  • Independence
  • Monmouth
  • Rickreall
  • Salem

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 Polk 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 Polk County using our eRecording service.
Are these forms guaranteed to be recordable in Polk County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Polk 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 Polk County that you need to transfer you would only need to order our forms once for all of your properties in Polk County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Oregon or Polk 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 Polk 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 Polk County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Polk 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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May 16th, 2024

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May 16th, 2024

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May 15th, 2024

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MARIZON M.

November 4th, 2020

This site/service is amazing! The response is almost real-time and the fees are super reasonable. I will be using this again in the future should I need to file any other documents with the county and will also recommend it to others! Thank you!

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Alan K.

May 14th, 2019

The instructions and example for filling out the form were very clear and detailed making the whole process fairly easy. An attorney I talked to wanted $200 to fill out this simple form. I haven't tried to file it yet but I will let you know if there are any issues. Really a great deal. $20 vs $200.

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William S C.

June 11th, 2021

The Lady Bird Deed appears to be fine with me as are the instructions. However, there apparently are no specific laws in Texas addressing them other than they are OK. The problem is that lenders are surely going to use them as triggers for their due on sale clauses, especially as the current small mortgage rates begin to increase. The solution to that seems to be to sign and have them notarized, but not to record them unless the holder needs to enforce the provisions. It seems to me that you should consider your solution to that problem in your instructions.

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Beatrica G.

November 5th, 2019

Thanks for your service. I recieved my documents on time and package information as promise.

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Della F.

May 30th, 2019

Always total satisfaction when information is needed. Request for information provided quickly from extremely knowledgeable and courteous personnel.

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Thank you!

Daniel L.

April 27th, 2019

Very good. The right forms and instructions . Thanks

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Charles C.

July 8th, 2021

Easy to use. Good price. I like that it came with instructions and an example.

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Marisela S.

June 25th, 2019

This is my first time and your service appears to be very user-friendly; however, since I am new to this service, I'm not sure if my e-filings were received as I've not heard anything back nor have I received any type of confirmation of receipt.

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Janis H.

February 13th, 2020

Amazing! Great forms - created the quitclaim fairly easy, recorded with no issues. Thanks!

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Patricia W.

January 29th, 2019

The "Trustee's Deed" should have been labeled a Deed of Trust because that's what it really is. So now I just wasted $19.97 getting something I can't use.

Reply from Staff

Thank you for your feedback. Sorry to hear of your confusion. We have canceled your order and payment for the trustee's deed document.

Frank K.

July 27th, 2023

One thing I suggest is use the nomenclature Borrower / Lender / instead of Mortgatator / Mortgatee… Had to google which is which ? !

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Stephanie P.

December 9th, 2020

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