Hays County Deed Without Warranty (Trustee Grantor) Form

Last validated July 18, 2026 by our Forms Development Team

Hays County Deed Without Warranty (Trustee Grantor) Form

Hays County Deed Without Warranty (Trustee Grantor) Form

Fill in the blank Deed Without Warranty (Trustee Grantor) form formatted to comply with all Texas recording and content requirements.

Document Last Validated 7/18/2026
Hays County Deed Without Warranty (Trustee Grantor) Guide

Hays County Deed Without Warranty (Trustee Grantor) Guide

Line by line guide explaining every blank on the Deed Without Warranty (Trustee Grantor) form.

Document Last Validated 7/18/2026
Hays County Completed Example of the Deed Without Warranty (Trustee Grantor) Document

Hays County Completed Example of the Deed Without Warranty (Trustee Grantor) Document

Example of a properly completed Texas Deed Without Warranty (Trustee Grantor) document for reference.

Document Last Validated 7/18/2026

All 3 documents above included • One-time purchase • No recurring fees

Immediate Download • Secure Checkout

Important: Your property must be located in Hays County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

County Clerk's Main Office

Address:
Government Center - 712 S Stagecoach Trail, Suite 2008
San Marcos, Texas 78666

Hours: Mon - Fri 8:00am - 4:30pm / Wed until 6:00pm

Phone: (512) 393-7738

County Clerk Precinct 2 Substation

Address:
5458 FM 2770 (co-located with Commissioner)
Kyle, Texas 78666

Hours: Monday - Friday 8:00am - 12:00 & 1:00 - 4:30pm

Phone: (512) 393-7330

Recording Tips for Hays County:
  • Documents must be on 8.5 x 11 inch white paper
  • Verify all names are spelled correctly before recording
  • Check margin requirements - usually 1-2 inches at top

Cities and Jurisdictions in Hays County

Properties in any of these areas use Hays County forms:

  • Austin
  • Buda
  • Driftwood
  • Dripping Springs
  • Kyle
  • San Marcos
  • Wimberley

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Hays County

How do I get my forms?

Forms are available for immediate download after payment. The Hays 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 Hays County?

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Hays County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Hays 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 Hays County?

Recording fees in Hays County vary. Contact the recorder's office at (512) 393-7738 for current fees.

Questions answered? Let's get started!

When a trust sells or distributes Texas real property, the trustee who signs the deed often has no basis for warranting the title. A deed without warranty fits that position: the trustee grants, sells, and conveys the property in fiduciary capacity, with words that pass the property itself, while the deed expressly states that no warranty of title is given. This form prepares that deed for a trustee grantor under Chapter 5 of the Texas Property Code and the Texas Trust Code.

The Trustee as Grantor, Not the Trust

A Texas trust is not a legal entity and cannot be a party to a deed. Texas Property Code Section 114.087 provides that the trustee is the party to an instrument when the trust is named. The trustee signs in fiduciary capacity, identified by name and the exact name and date of the trust, in the style of the example: Margaret E. Halloran, Trustee of the Halloran Family Living Trust dated June 3, 2015. The deed recites the trustee's authority under Trust Code Sections 113.002, 113.009, and 113.010, and notes that a court order under Section 113.001 may limit that authority. Because the grantor is a trustee conveying trust property, no homestead joinder line appears; the homestead rules that apply to an individual's personal conveyance do not govern a trustee acting in fiduciary capacity.

Conveying the Property, Disclaiming the Warranty

Texas Property Code Section 5.022 permits a conveyance without a warranty covenant. Section 5.023 is the reason the disclaimer is written out rather than assumed: unless the deed expressly provides otherwise, the words grant and convey imply a covenant that the grantor has not already conveyed the estate and a covenant that the estate is free from encumbrances. Both implied covenants are actionable as if written into the deed. A trustee that conveys with words of grant and says nothing further can inadvertently bind the trust estate to those covenants. This form uses words of grant to carry the conveyance and then expressly excludes both Section 5.023 implied covenants, so the deed performs its act without importing promises the trust never intended to make.

A Conveyance, Not a Quitclaim

Texas courts draw a line between a deed that conveys the property and an instrument that merely releases whatever claim the grantor holds. An instrument that transfers only the grantor's right, title, and interest, without more, falls on the quitclaim side of that line, which can affect how later purchasers and title examiners treat the chain of title. This form conveys the Property with operative words of grant and separately excludes the warranties, so it operates as a true conveyance that passes the trustee's interest while declining to warrant it.

Trust Sales, Distributions, and Successor Trustees

The trustee-grantor pattern recurs in several trust administration situations. A trustee selling trust property to a third-party buyer may lack knowledge of the property's full title history and declines to warrant beyond what the trust received. A trustee making a distribution of specific property to a beneficiary uses a deed, and the deed without warranty fits that in-trust transfer. A successor trustee retitling property after a prior trustee held it in trust may convey with a deed that identifies the transfer without warranting the title the predecessor held. In each case the form's fiduciary-capacity recital and its express warranty exclusion track the trustee's actual position.

What the Package Includes

The package includes the blank deed as a fillable PDF, a completed example built on a realistic Travis County fact pattern showing a trustee conveying to an LLC grantee, and a plain-language guide that walks through every section, the trust-code authority provisions, the Section 5.023 covenants and their express exclusion, signing and notarization, and recording. The materials are informational and are not legal advice.

Important: Your property must be located in Hays County to use these forms. Documents should be recorded at the office below.

This Deed Without Warranty (Trustee Grantor) meets all recording requirements specific to Hays County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Hays County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

Save Time and Money

Get your Hays County Deed Without Warranty (Trustee Grantor) 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.

4.8 out of 5 - ( 4762 Reviews )

Kathryn C.

April 20th, 2022

descriptions for some areas were longer than what would print out on document - it showed and was visible on the form but would not print out - for example in the legal description. would be nice in fill in areas could be extended as needed

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June 8th, 2023

Very easy to find forms and good examples for filling out forms!

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June 3rd, 2019

Forms were easy to complete, with the instructions that were provided. Very satisfied!

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January 10th, 2019

Easy and simple to understand, had no trouble with the transaction or the forms. Recorded on the first try, not something that happens very often.

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April 5th, 2019

Good so far could use more examples for each section of info. needed. ex. (parcel and alt.ID info where to find and etc. #2 more examples. If it was not for the red print examples helping to fill the form out I could have downloaded free forms, the examples are what made me choose your form !

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July 19th, 2023

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November 23rd, 2021

Very pleasantly pleased so far. Hope to hear from the town registrar Transfer On Death Deed accepted. Wish all legal proceedings were so simple . . .

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February 26th, 2022

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Cleatous S.

December 9th, 2020

The deed form is hard to fill in. There is no way to fill in the county in the "reviewed by" section. Also, there is no place for the Grantee's address on the form. I had to include it in the fill-in space for the legal description.

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Thank you!

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April 6th, 2022

quick and easy to use

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March 18th, 2022

The sight provided exactly what I needed and was easy to use. I was able to download the type of Deed I used and was completely satisfied with the website.

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