Deeds.com Real Estate Deeds
Deeds.com Account
Sign In

Virginia Trustee Deed

Select County or Independent City where the property is located.

Virginia Trustee Deed Information

Transferring Real Property from a Living Trust Using a Virginia Trustee's Deed

A trustee's deed conveys interest in real property held in a living (inter vivos) trust. The deed is named for the granting party, the trustee, who holds legal title to property contributed to the trust by the trust's settlor. A settlor is any person who creates or contributes property to a trust by transferring it to another. Property held in trust is administered by the trustee for the benefit of a trust beneficiary. In most living trusts, the settlor designates himself as trustee and names a successor, who will take over fiduciary duties upon the settlor's death or incapacitation.

The trust is established by a written instrument executed by the settlor and governed by the Uniform Trust Code, codified in Virginia at Va. Code Ann. 64.2-7. The trust instrument contains the terms of the trust and sets forth the settlor's estate plan. The document names the trustees and enumerates the trustee's powers in acting on behalf of the trust, and designates the trust beneficiary or beneficiaries. Generally, the settlor designates himself as the living trust's beneficiary during his lifetime, and identifies another in the trust instrument who will receive the benefit of the trust's assets upon his death.

Trustees rely on the terms of the trust instrument and statutory trustee powers to convey property held in trust. A deed executed by trustee to convey real property from a trust typically carries a special warranty covenant of title. This means that the grantor promises to warrant and defend the property for the grantee "against the claims and demands of the grantor, and all persons claiming or to claim by, through, or under him" (Va. Code Ann. 55.1-355). Because the trustee is acting "in a fiduciary capacity," a narrower covenant than a general warranty is offered "to warrant title [only] during the time they had legal possession of it" [1].

A trustee's deed requires additional information because the grantor is acting in a fiduciary capacity. When real property is held in trust, the assets vest in the name of the trustee on behalf of the trust. Therefore, the trustee's deed names the acting trustee, the trust, and the date of the trust when reciting the grantor's information. The trustee's deed should comply with the statutory form for deeds and satisfy recording requirements for documents pertaining to interest in real property in Virginia (55.1-300, 17.1-223 et seq.). A trustee may provide a certification of trust under 64.2-804 to confirm the trust's existence and his authority to convey real property.

Before recording the deed in the independent city or county wherein the subject property is located, the deed must be signed by each acting trustee and acknowledged in the presence of a notary public.




Deeds.com Virginia Trustee Deed Forms Have Been Updated as Recently as Wednesday June 22, 2022

4.8 out of 5 (3552 Reviews)

What others like you are saying:


Terralynn J. said: I was very pleased to find ONLINE, Deed Revision Document(s) and their explanation. I ordered these document Forms, downloaded them and Printed them. Now, I will be able to fill them out in the privacy of my home. Instructions were also included, how to file this new Deed, after I complete it and have it Notarized. This has saved me time and emotional stress following the death of my husband. THANK YOU.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Shari N. said: Super easy to order and save a document!

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Melody P. said: Thanks again for such excellent service, and always a pleasure!

Reply from Staff: Thank you!


Muhamed H. said: Nice!

Reply from Staff: Thank you!


Gregory K. said: Easy to work with. Fair price. Nice, efficient service. Would definitely use Deeds.com again for any legal documents.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


William B. said: The website works just as described. I couldn't ask for anything more helpful in drafting an easement and all at a very reasonable price. Thank you!

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Deeds.com Real Estate Deeds

Use of Deeds.com Legal Forms. On our Site we make available for use self-help "fill in the blank" forms. If you use a form on our Site, you explicitly agree to our Terms of Use. You understand and agree that your purchase and/or use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs, not guaranteed or warranted to be current, up to date, or accurate.

NO WARRANTY. Do It Yourself Legal Forms available on our Website are not guaranteed to be usable, correct, up to date, or fit for any legal purpose. Use of any Do It Yourself Legal Form from our website is done so AT YOUR OWN RISK.

If you use any Do It Yourself Legal Form available on Deeds.com, you agree that: TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE LEGAL FORMS OR FOR ANY INFORMATION OR SERVICES PROVIDED TO YOU THROUGH THE DEEDS.COM WEBSITE. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, OUR SOLE OBLIGATION TO YOU FOR DAMAGES WILL BE LIMITED TO $100.00.

Nothing on this website should be considered a substitute for the advice of an attorney.

© DEEDS.COM INC. 1997 - 2022 ALL RIGHTS RESERVED | (330) 606-0119 | P.O. Box 5264, Fairlawn, OH 44334