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Trustee Deed Form - Spotsylvania County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 11/15/2019
Trustee Deed Guide - Spotsylvania County
Line by line guide explaining every blank on the form.
Included document last updated 11/8/2019
Completed Example of the Trustee Deed Document - Spotsylvania County
Example of a properly completed form for reference.
Included document last updated 11/6/2019
*The Following Virginia and Spotsylvania County supplemental forms are included as a courtesy with your order.
Virginia Land Record Cover Sheet (VLRCS)
When recording a real estate deed in Virginia, a bar-coded, cover sheet is required in many counties/cities. This form must be generated online at the Virginia courts website. The information sheet provides a link to the form generator and further instructions. Contact the local office to confirm whether this cover sheet is required.
VA Circuit Court Deed Fee Schedule
This detailed schedule lists amounts by instrument and includes taxes, both due at the time of recording. We advise customers to contact the local court in order to confirm the amount.
Certificate of Transfer
Use this form for protection of assignees or transferees of debts secured by real estate.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in Virginia.
Including:
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. 55-69). 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 ( 55-48, 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.
Each situation is unique, so contact a lawyer with any questions about living trusts and for assistance in preparing a trustee's deed in Virginia.
[1] https://www.oldrepublictitle.com/vanational/agencyservices/seminars/2015FallSeminar/Virginia%20Deeds%20plus%20Appendix%20A-B.pdf
Get your Spotsylvania 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.
The documents you receive here will meet, or exceed, the Spotsylvania County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
4.7 out of 5 (978 Reviews) November 17th, 2019
Name: Shirley C.
Review: I liked that the documents could be filled in on my computer. All the documents came out nice, better than I expected really.
Reply from Staff on November 17th, 2019
Thank you Shirley, we appreciate your feedback. Have a great day!
November 17th, 2019
Name: Jane R.
Review: Forms were easy to complete and print.
Reply from Staff on November 17th, 2019
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
November 17th, 2019
Name: Sandra M.
Review: The forms were easy to use but there was a software issue that made it impossible to get the county name to appear on the form in the correct place. It made the deed look a little sloppy
Reply from Staff on November 17th, 2019
Thank you!
November 16th, 2019
Name: Sally Ann C.
Review: Thank you for your service. It seems to have worked, I printed a document purporting to be the Deed I needed. I was somewhat disappointed though - I was expecting something as impressive as the Title Search, which goes back to 1828 and includes Millard Fillmore, admittedly not one of our most celebrated Presidents. But I am happy to have what I have, and thank you again! peace - SAVC
Reply from Staff on November 17th, 2019
Thank you for your feedback. We really appreciate it. Have a great day!
November 16th, 2019
Name: LEON S.
Review: recorded deed space to small for corrective deed requirement
Reply from Staff on November 16th, 2019
Thank you for your feedback. We really appreciate it. Have a great day!
November 16th, 2019
Name: VICTOR S.
Review: Wow! Nice and easy!
Reply from Staff on November 16th, 2019
Thank you!
November 15th, 2019
Name: Lori C.
Review: It just a little disconcerting that I was not able to preview any of the forms prior to purchasing them. Thank goodness they were the correct forms I needed. I would suggest being able to at least make the picture of the forms a little larger or give the capability to zoom in.
Reply from Staff on November 15th, 2019
Thank you!
November 15th, 2019
Name: Jonnie G.
Review: I very much dreaded this whole endeavor but very pleasantly surprised. So far, so good. I feel much more confidant that the crucial form, when presented, will play well with the county.......
Reply from Staff on November 15th, 2019
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
November 15th, 2019
Name: Gary K.
Review: Straightforward and pretty easy to use. The only downside is that there is no way to contact them directly. The number on the website is answered only by a voicemail with no return calls. Pricing seems fair compared to other services and much more efficient that filing "over the counter."
Reply from Staff on November 15th, 2019
Thank you for your feedback. We really appreciate it. Have a great day!
November 14th, 2019
Name: Dee R.
Review: Quick, Simple order process with many options of forms to download!
Reply from Staff on November 14th, 2019
We appreciate your business and value your feedback. Thank you. Have a wonderful day!