Smith County Trustee Deed Form

Smith County Trustee Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.

Smith County Trustee Deed Guide
Line by line guide explaining every blank on the form.

Smith County Completed Example of the Trustee Deed Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
Immediate Download • Secure Checkout
Additional Tennessee and Smith County documents included at no extra charge:
Where to Record Your Documents
Smith County Register of Deeds
Carthage, Tennessee 37030
Hours: 8:00 to 4:00 M-F
Phone: (615) 735-1760
Recording Tips for Smith County:
- Bring your driver's license or state-issued photo ID
- Double-check legal descriptions match your existing deed
- Ask about their eRecording option for future transactions
Cities and Jurisdictions in Smith County
Properties in any of these areas use Smith County forms:
- Brush Creek
- Carthage
- Chestnut Mound
- Dixon Springs
- Elmwood
- Gordonsville
- Hickman
- Lancaster
- Pleasant Shade
- Riddleton
Hours, fees, requirements, and more for Smith County
How do I get my forms?
Forms are available for immediate download after payment. The Smith County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Smith County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Smith County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Smith County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Smith County?
Recording fees in Smith County vary. Contact the recorder's office at (615) 735-1760 for current fees.
Questions answered? Let's get started!
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.
(Tennessee TD Package includes form, guidelines, and completed example)
Important: Your property must be located in Smith County to use these forms. Documents should be recorded at the office below.
This Trustee Deed meets all recording requirements specific to Smith County.
Our Promise
The documents you receive here will meet, or exceed, the Smith 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 Smith 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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