Tennessee - Polk County Trustee Deed Form

Name: Trustee Deed
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All Polk County specific forms listed below are included in your immediate download:

Trustee Deed Form - Polk County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 3/25/2021

Trustee Deed Guide - Polk County

Line by line guide explaining every blank on the form.
Included document last updated 2/19/2021

Polk County Completed Example of the Trustee Deed Document Page 1

Completed Example of the Trustee Deed Document - Polk County

Example of a properly completed form for reference.
Included document last updated 1/26/2021

*The Following Tennessee and Polk County supplemental forms are included as a courtesy with your order.

Affidavit of Value

Unless the conveyance is exempt, this form is required. It includes instructions and a list of exemptions.

Notary Certificates

The supplemental forms in this section can be used as loose certificates by notaries in the state.

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 the state or local jurisdiction. 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?
- After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
What type of files are the forms?
- All of our 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 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 a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
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.
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:

Polk County

Including:

Benton
Conasauga
Copperhill
Delano
Ducktown
Farner
Ocoee
Old Fort
Reliance
Turtletown

What is the Tennessee Trustee Deed?

A trustee's deed transfers interest in real property held in a living trust. A settlor (sometimes called a grantor) creates and funds the trust by transferring assets to another person, called the trustee (though these roles may be performed by the same person). The trustee administers the trust for the benefit of another party, called the beneficiary.

The requirements for a trust in Tennessee are that the settlor has a capacity to create a trust and indicates the intention to do so; the trust has a definite beneficiary; the trustee has duties to perform; and the same person is not the sole trustee and sole beneficiary (T.C.A. 35-15-402). A trust must have lawful purposes and its terms must be for the benefit of the trust beneficiaries ( 35-15-404).

The settlor of a living trust generally indicates the intention to create a trust by executing a trust instrument. This unrecorded document sets forth the terms of the trust, indicating how the settlor intends his assets to be administered (settlors of testamentary trusts, or testators, establish the trust's terms in their wills). The trust document also designates the trustee and his successors, if any, and identifies the trust's beneficiary.

Settlors may fund the trust with real property by executing a deed, titling the property in the name of the trustee on behalf of the trust. If the settlor wishes to convey the real estate from the trust as through sale, the trustee then executes a deed. The trustee's power to sell property held in the trust comes from T.C.A. 35-15-816, and is either fortified or restricted by any relevant powers outlined in the trust instrument.

The trustee's deed to convey real property held in a living trust is named after the executing grantor, rather than after the title warranty the grantor provides. In Tennessee, a trustee's deed is a type of special warranty deed, where warranty of title is limited to anyone claiming by, from, through, or under the grantor. This is a more limited warranty than a general warranty deed, in which the grantor promises to warrant and defend title against all claim. In offering a special warranty, the trustee does "not warrant against defects arising from conditions that existed before" he held title to the property.

The basic components of a trustee's deed are the same as any other deed conveying interest in real property in Tennessee. The document names all parties to the transaction and includes the property description, map and parcel numbers assigned to the property, a recitation of the derivation of title, and an oath of consideration stating the true value of the property conveyed. In addition, the trustee's deed references the trust and trust date, and may include a certification of trust under T.C.A. 35-15-1013 as an attachment to certify the trust's existence and the trustee's authority to enter into the transaction.

A trustee's deed should be acknowledged by the executing trustee in the presence of a notary public before it is recorded in the county in which the subject real property is located. Consult a lawyer in the preparation of a trustee's deed, and with any questions regarding living trusts in Tennessee.

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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.

Customer Reviews:

4.8 out of 5 (2864 Reviews)

July 29th, 2021

Name: Jacqueline G.

Review: I'm 84 and not all that smart when it comes to what a Lawyer usually helps you with, but I took a chance to see if I could do this. Walla, I was able to do it. I was helping my son who had a stroke a few years ago and the transaction went well. Thank you.