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Trustee Deed Form - Kitsap County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 1/18/2021
Trustee Deed Guide - Kitsap County
Line by line guide explaining every blank on the form.
Included document last updated 2/24/2021
Completed Example of the Trustee Deed Document - Kitsap County
Example of a properly completed form for reference.
Included document last updated 2/15/2021
*The Following Washington and Kitsap County supplemental forms are included as a courtesy with your order.
Cover Sheets
Use the cover sheet if the first page of the document does not conform to the recording requirements. For emergency non-standard recordings, use the non standard form and sign the statement at the bottom.
Recording Requirements
Kitsap County provides this in-depth guide to the required standards and the use of cover sheets.
Real Estate Excise Tax
Submit this form and real estate excise tax payment, if owed, within 1 month of sale to avoid penalty and interest payments. The form is used to calculate tax amounts; it contains multiple copies and instructions on the last page. When claiming an exemption, the supplemental form must be submitted as well. Instructions to fill in this one-page form are on the last page of the version with multiples.
Excise Tax - Controlling Interest
The transfer of a controlling interest in an entity that has an interest in real property is considered a taxable sale for purposes of the real estate excise tax. This form is often used in corporate transfers of real property. When claiming an exemption, the supplemental form must be submitted as well.
Excise Tax Affidavit - Supplemental Statement
If a tax exemption is claimed, this form must be filed with the Real Estate Excise Tax Form or the Controlling Interest Form.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Including:
Washington State Trustee's Deed to Convey Living Trust Property
Transferring real property from a living trust requires a trustee's deed, not to be confused with the trustee's deed following foreclosure of a deed of trust. The trustee's deed to convey living trust real estate in Washington State is a bargain and sale deed (a statutory form in Washington under RCW 64.04.040) that has been descriptively named for the executing party.
In a living trust, a settlor transfers assets to another person (the trustee) for the benefit of someone else (the beneficiary). In many living trust arrangements, these roles may be performed by the same person, so long as the sole trustee is not also the sole beneficiary. The living trust is an estate planning tool established by the settlor (by the execution of a trust instrument and the funding of the trust), who receives the benefit of the trust during his lifetime. The settlor administers the trust during his lifetime as trustee, though not always, and typically designates a successor trustee to replace him as trustee in the event of death or incapacitation.
Real property is transferred into trust by a deed from the settlor, granting the property to the trust in the name of the trustee. Because the trustee now holds legal title to the property, the trustee must execute a deed to remove property from the trust.
The Washington trustee's deed (bargain and sale deed) transfers fee simple interest to the grantee with a limited warranty and contains the express covenants most typically associated with a special warranty deed, namely that "the grantor was seized of an indefeasible estate in fee simple, free from encumbrances, done or suffered from the grantor" except as otherwise limited by the restrictions enumerated on the deed. The grantor also promises that the grantee will have "quiet enjoyment against the grantor, his or her heirs and assigns" (RCW 64.04.040). This type of narrower warranty, limited to the duration of the grantor's title, is commonly used in cases where a trustee is selling property to a third party; due to the nature of a trust, the trustee may have no knowledge of the title prior to his trusteeship, and cannot offer a broader warranty.
The trustee's deed should comply with the statutory form of a bargain and sale deed under RCW 64.04.040 and requires, in addition to the granting trustee's name, recital of the name and date the trust as part of the grantor information. The form should conform to first-page and general recording requirements for documents affecting title to real property in the State of Washington. A third party may request a trustee's certificate under RCW 11.98.075, confirming the trust's existence and the trustee's authority and powers.
Consult a lawyer with questions regarding living trusts and conveyances of real property from living trusts in Washington, as each situation is unique.
Get your Kitsap 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 Kitsap County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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