Montgomery County Deed Without Warranty (Trustee Grantor) Form

A trustee who holds Texas real property in trust often wants to convey it without standing behind the title. A deed without warranty does exactly that: it uses the words of grant to convey the property itself, but carries no warranty of title. It sits between a warranty deed, which backs the title with covenants, and a quitclaim, which releases only whatever interest the grantor may hold. The grantee receives whatever interest the trustee holds and takes subject to every matter affecting title. This form prepares that deed for a trustee grantor under Chapter 5 of the Texas Property Code and the Texas Trust Code.

The Section 5.023 Trap

Property Code Section 5.022(b) says a warranty covenant is not required, so a deed can convey without warranty. But Section 5.023 sets a trap: 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, and those implied covenants are actionable as if written out. This form uses the words of grant and then expressly excludes the Section 5.023 covenants, so it conveys the property without carrying covenants the trustee did not intend.

Why the Trustee Is the Grantor

A Texas trust is not a legal entity; the trustee holds legal title. Property Code Section 114.087 confirms that the trustee, not the trust, is the party to an instrument naming the trust. This deed names the trustee and states the capacity, in the style Margaret E. Halloran, Trustee of the Halloran Family Living Trust dated June 3, 2015, and recites authority under the trust instrument and Property Code Sections 113.002, 113.009, and 113.010. Because it carries no warranty, it is common for a trust selling real estate and for a successor trustee conveying after the settlor's death.

Trust Property and Spousal Joinder

A conveyance of trust property by the trustee is not a conveyance of an individual's homestead, so the joining spouse signature that Family Code Section 5.001 calls for on a married individual's homestead deed does not appear here. Property Code Section 41.0021 lets a trustee convey qualifying trust property without the joinder of either spouse unless the trust instrument or a court order expressly prohibits it. A title company commonly asks the trustee for a certification of trust under Property Code Section 114.086, a separate instrument confirming the trust and the trustee's authority.

Signing, Recording, and the Package

The trustee signs in fiduciary capacity before a notary, who completes an acknowledgment naming the trustee and capacity. The deed is recorded in the county where the property is located; under Property Code Section 13.001, an unrecorded conveyance is void as to a later purchaser for value without notice. The confidentiality notice required by Property Code Section 11.008 appears at the top of the first page. The download is a fillable PDF deed with a section by section guide and a completed Travis County example. The materials are informational and are not legal advice; a Texas attorney or title company can address how these rules operate on a specific trust and title.

Related Texas Forms

A grantor conveying individually is described by the Texas Deed Without Warranty (Individual Grantor). A grantor willing to warrant title uses the Texas General Warranty Deed or Texas Special Warranty Deed. A grantor releasing only a possible interest uses the Texas Quitclaim Deed. A trustee establishing authority uses a Texas Certification of Trust.