50-State Surveys › Living-Trust Trustee Deed Requirements by State
Living-Trust Trustee Deed Requirements by State
When may a trustee convey real property held in a living trust, what trust authority, cotrustee action, court approval, deed execution, capacity disclosure, certification, acknowledgment, recording, and purchaser-protection rules apply?
51 of 51 jurisdictions verified
every entry statute-checked, oldest 2026-08-13
What this survey covers
A trustee deed has two independent legal layers. The trustee must have authority under the trust and trust law to make the sale or distribution, and the deed must also satisfy the state's rules for conveying and recording real property. A valid signature and acknowledgment do not supply missing fiduciary authority; broad trustee power does not excuse a defective deed.
This survey follows an outbound conveyance from trust authority through cotrustee action, court and conflict rules, deed execution, representative-capacity wording, supporting authority, recording, and the purchaser's protection. It does not cover the earlier deed that funded the trust or a foreclosure trustee's deed.
Patterns across the completed survey
The prevailing trust-power architecture is broad but conditional: a trustee often has trust-conferred and owner-equivalent powers plus an express sale power, while the instrument, fiduciary duties, and any directed-trust allocation still control. Florida's current code, for example, permits acquisition or sale “for cash or on credit, at public or private sale,” but that power remains part of a larger trust- authority inquiry. Fla. Stat. § 736.0816(2) (official text accessed 2026-08-13).
Cotrustee action does not collapse into one national majority rule. The large UTC-style cluster permits majority action only after cotrustees cannot reach unanimity; Florida states that rule expressly. Maryland's current § 14.5-703 instead addresses vacancies, participation, urgent unavailability, and prudent delegation without supplying a general majority shortcut. Nevada uses a different headcount rule: two trustees act unanimously, while more than two act by majority, unless the trust provides otherwise. Fla. Stat. § 736.0703, Md. Code, Est. & Trusts § 14.5-703, and NRS 163.110 (official text accessed 2026-08-13).
The deed layer supplies independent outliers. Florida requires two subscribing witnesses. The District of Columbia requires a signed-and-sealed deed for the covered estate and separately makes delivery and recordation matter. Wyoming's general deed and statutory-form provisions use execution and acknowledgment but state no subscribing-witness requirement; Wyoming also requires a separate statement under oath when the transfer is presented for recording. Fla. Stat. § 689.01(1), D.C. Code §§ 42-306 and 42-401, and W.S. §§ 34-1-113 and 34-1-142 (official text accessed 2026-08-13).
Certification is usually authority evidence rather than a deed or a universal recording companion. Even among three UTC-style examples, Florida requires trust-director and direction facts when applicable, the District requires the trust's taxpayer identification number, and Wyoming makes that number optional and permits either a certification or affidavit. Recorded-title rules can also change the result independently: Florida and Wyoming each prescribe consequences when an incoming deed uses a trustee designation without the statutory trust identification. Fla. Stat. §§ 736.1017 and 689.07, D.C. Code § 19-1310.13, and W.S. §§ 4-10-1014 and 34-2-122 (official text accessed 2026-08-13).
All 51 live state or District template pages remain unlinked after the completed nine-dimension audit. Recurring failures include universalizing optional certification, requiring the wrong cotrustee action, overlooking directed authority or a statewide recording companion, and hardwiring warranties or execution choices that current law does not universally require.
Why nine separate columns are necessary
Florida expressly permits a trustee to “acquire or sell property, for cash or on credit, at public or private sale” and to “sign and deliver contracts and other instruments” useful to exercise trustee powers. Its deed law separately requires a written instrument signed in the presence of two subscribing witnesses. Its title statute also gives a special consequence when “trustee” or “as trustee” appears in record title without naming beneficiaries, stating the trust's nature and purposes, or identifying the trust by title or date. Fla. Stat. §§ 736.0816(2), (24), 689.01(1), and 689.07 (official text accessed 2026-08-13).
The District of Columbia uses a UTC-style power rule: without court authorization, a trustee may exercise trust-conferred powers and, unless the trust limits them, “all powers over the trust property which an unmarried competent owner has over individually owned property.” The deed layer separately requires a signed-and-sealed deed for an estate longer than one year, delivery for effect between the parties, and recordation for effect against protected creditors and later purchasers. D.C. Code §§ 19-1308.15, 42-306, and 42-401 (official text accessed 2026-08-13).
Wyoming combines broad owner-equivalent power and express sale and instrument powers with a distinctive title-identification rule. A deed to a grantee described as trustee must define the trust; the statute says the trust is sufficiently defined by naming the trustee and trust and giving the trust date, or by a proper reference to a publicly recorded source. Otherwise the representative designation is treated only as a description of the individual grantee, with the consequences stated in the statute. W.S. §§ 4-10-815, 4-10-816, and 34-2-122 (official Titles 4 and 34 accessed 2026-08-13).
Certification is another independent layer. Florida requires a certification to describe trust-director powers and transaction direction when present. The District requires the trust's taxpayer identification number. Wyoming labels that number optional and allows either a certification or affidavit. None of those differences answers the deed's witness, acknowledgment, title-capacity, or recording questions. Fla. Stat. § 736.1017, D.C. Code § 19-1310.13, and W.S. § 4-10-1014 (official text accessed 2026-08-13).
These current statutes show why power, cotrustee action, court and conflict rules, deed form, title description, authority evidence, recording, and third-party protection cannot be collapsed into a single “trustee may sign” column.
How to read the table
Start with governing law and trustee power, then read the cotrustee and court/conflict columns. Together they answer whether the acting trustee may make this particular sale or distribution without another signature, direction, consent, or order.
Next read deed execution and title description. Those columns identify what the instrument must look like and how the record should show that the grantor acts in a trust capacity rather than individually.
Finish with authority evidence, recording, and purchaser protection. A certification may let a purchaser rely on selected facts without receiving dispositive terms, but it does not replace delivery, acknowledgment, recording, or a power the trust never gave the trustee.
Get this answered for your state
This survey compares every state side by side. Ask about your specific situation and see what your state's law says, with citations to the statutes.
Scroll sideways in the table to see all columns →
| State | Governing law and transaction scope | Trustee power and trust-instrument limits | Cotrustees, directed trusts, and required consent | Court approval, conflicts, and self-dealing | Deed form, signature, witnesses, seal, and notary | Trust capacity, title, and grantor description | Certification, excerpts, and authority evidence | Delivery, recording, and companion documents | Purchaser reliance, title effect, and remedies |
|---|---|---|---|---|---|---|---|---|---|
| Alabama verified 2026-08-13 | Alabama Uniform Trust Code plus Title 35 conveyance/recording and Title 40 recordation-tax statutes govern an outbound inter vivos-trustee sale or distribution; trust authority, deed form, recording, tax proof, and reliance remain separate |
Without court authorization, trustee has trust-conferred and owner-equivalent powers and may sell, exchange/partition, distribute in kind, and sign useful instruments; trust limits and fiduciary duties control (§§ 19-3B-105, -815 to -816) |
After consultation, co-trustees unable to agree unanimously may act by majority; vacancy, unavailability, delegation, dissent, and breach-prevention rules apply. Trust may give another person a power to direct, subject to statutory exceptions (§§ 19-3B-703, -808) |
No ordinary preapproval; trust lacks continuing supervision unless ordered. Personal-account or conflicted sale/encumbrance is voidable unless trust-authorized, court-approved, time-barred, consented/ratified/released, or predates trusteeship (§§ 19-3B-201, -802, -1001) |
Written deed signed at foot by trustee; one attesting witness ordinarily, two for specified unable-to-sign/name-written cases. Acknowledgment satisfies witness requirement; no seal required (§§ 35-4-20 to -23) |
Identify record-title trustee as grantor and disclose fiduciary capacity. Certification states title-taking name; recordable deed recites individual grantor's marital status, and homestead conveyance by married trustee may require spouse assent depending on the titled trust/property facts (§§ 19-3B-1010, -1013; 35-4-73; 6-10-3) |
Optional certification has eight content groups including TIN and request/transaction-relevant powers; any trustee may authenticate, with no certification-specific notary or recording rule. Recipient may demand only trustee/power excerpts (§ 19-3B-1013) |
Record with county judge of probate; preparer's name/address is required. Recordation tax and proof of purchase price or value generally accompany record, but absent proof triggers assessed-value tax and penalty rather than loss of recordation. No universal certification attachment (§§ 35-4-50, -110; 40-22-1) |
Good-faith value purchaser without knowledge gets no-inquiry protection; good-faith certification reliance can bind trust property. Recording gives notice even without acknowledgment/probate and protects against later value purchasers, mortgagees, and judgment creditors without notice (§§ 19-3B-1001, -1012 to -1013; 35-4-63, -90) |
| Alaska verified 2026-08-13 | AS ch. 13.36 and Titles 34 and 40 govern trust power, deed execution, recording-district filing, and third-party/title effects for an outbound living-trust conveyance |
Without court authorization, trustee may exercise trust powers and statutory powers to sell/exchange, manage, partition, encumber, distribute, and sign instruments; trust may alter powers but not the § 13.36.150 self/related-party restriction (AS 13.36.107, .109, .192) |
Trust terms govern signer/action allocation; statute protects written dissent when unanimity is required and a trustee excluded from a power. Advisor is ordinarily advisory, but trust may require compliance with directions; protector has only instrument-conferred powers (AS 13.36.110, .370, .375) |
No ordinary preapproval; court may add, relieve, or restrict powers. Sale to trustee, affiliate, or listed related person is barred unless trust expressly authorizes it; beneficiary/court relief cannot override that bar (AS 13.36.107, .150, .192, .194, .196) |
Deed signed and sealed by trustee or lawful agent; in-state conveyance must be acknowledged or proved. No current two-witness rule; acknowledgment is required for recording (AS 34.15.010, .150; 40.17.110) |
Identify trustee grantor and fiduciary capacity; 'trustee' or 'as trustee' after signature presumptively excludes personal contract liability. Recorded fiduciary-capacity deed gains authority and delivery presumptions (AS 13.36.175(e); 40.17.090) |
Certification is optional unless trust says otherwise; eight content groups include conditional TIN and title manner. Any trustee may authenticate; recipient may demand only trustee-and-power excerpts (AS 13.36.079) |
Offer acknowledged deed only in each affected recording district; original/electronic signature, title, index data, return address, party mailing addresses, district name, and fee required. No universal certificate attachment stated (AS 40.17.020, .030, .110) |
Reasonable certification reliance can bind trust property; recorded deed gives constructive notice and statutory presumptions. Unrecorded deed binds parties/actual-notice takers but loses to later innocent good-faith value purchaser recording first (AS 13.36.079; 40.17.080-.090) |
| Arizona verified 2026-08-13 | Arizona Trust Code + Title 33 conveyance/recording law; outbound sale, exchange, or in-kind distribution by an inter vivos-trust trustee (§§ 14-10105, 14-10815–14-10816; 33-401) |
Court-free trust-conferred and owner-equivalent powers; express cash/credit public/private sale, exchange/partition, divided or undivided proportional or nonproportional distribution, and instrument power. Trust terms control defaults (§§ 14-10105, 14-10815–14-10816) |
Cotrustees unable to agree may act by majority; vacancy, temporary-unavailability, and delegation routes apply. Trust may direct assets through settlor, cotrustee, beneficiary, third party, or instrument-defined protector (§§ 14-10703, 14-10808, 14-10818) |
No ordinary preapproval. Personal-account/conflicted transaction is voidable unless trust-authorized, court-approved, time-barred, consented/ratified/released, or pre-trusteeship; special fiduciary and breach remedies available (§§ 14-10802, 14-11001) |
Written, subscribed, delivered, grantor-signed, and acknowledged deed; no subscribing-witness or seal element stated in the current conveyance chapter (§ 33-401) |
Trustee-grantor must disclose beneficiaries' names/addresses and identify the trust, or properly reference a county-recorded instrument containing those facts; omission is voidable for 2 years, subject to value-acquirer protection (§ 33-404(B), (E)–(G)) |
Optional certification instead of full trust; 7 facts + no-change statement, any-trustee authentication, targeted power excerpts, verified-basis gate for dispositive/successor excerpts; no certification-specific recording rule (§ 14-11013) |
Delivery required; record acknowledged deed with county recorder where land lies. No universal separate certification/order filing, but § 33-404 disclosure must appear or point to an already recorded instrument (§§ 33-401, 33-404, 33-411–33-412) |
Good-faith value dealer without knowledge has no power-inquiry duty; certification reliance can bind trust property. Nonrecording loses against creditors/later value purchasers without notice; value acquisition survives § 33-404 disclosure failure (§§ 14-11012–14-11013; 33-404(F); 33-411–33-412) |
| Arkansas verified 2026-08-13 | Arkansas Trust Code, Ark. Code Ann. ch. 28-73, plus Titles 18, 14, and 26 conveyance/recording rules; outbound sale, encumbrance, or distribution by an inter vivos-trust trustee |
Without court authorization: trust powers, owner-equivalent powers unless limited, management/distribution powers, and express sale, mortgage, realty-development, distribution, and instrument powers; fiduciary duties govern exercise (§§ 28-73-815-.816) |
Cotrustees unable to reach unanimity may act by majority; remaining trustees may act on vacancy and urgent unavailability, subject to joint-function expectations, delegation, dissent, and serious-breach duties. No separate general trust-director statute located (§ 28-73-703) |
No continuing supervision or universal preapproval. Personal-account or conflicted sale/encumbrance is voidable unless trust-authorized, court-approved, timely unchallenged, beneficiary-consented/ratified/released, or within the pre-trustee-contract exception (§§ 28-73-201, 28-73-802) |
Deed conveying realty: two disinterested witnesses, or grantor acknowledgment before two such witnesses who subscribe. Acknowledgment before an authorized officer is the practical recordability route; no trustee-specific seal (§§ 18-12-104, 18-12-201-.206) |
Use the record-title trustee as grantor and disclose fiduciary capacity. Certification must identify acting trustee/address and state the manner of taking title; disclosed fiduciary capacity also governs trustee contract liability (§§ 28-73-1010, 28-73-1013(a)) |
Optional certification to nonbeneficiary instead of trust: seven required groups, no-inaccuracy statement, any trustee authenticates, no universal notary. Recipient may require trustee-designation and pending-transaction-power excerpts (§ 28-73-1013) |
Record acknowledged/proved deed with county recorder where land lies for constructive notice and priority. Before recordation, provide transfer-tax payment/exemption proof and required affidavit/stamps or signed tax/exemption statement; certification is not a universal companion (§§ 18-12-201, -209; § 14-15-404; § 26-60-110) |
Good-faith value dealer without knowledge is protected and need not inquire; good-faith asset recipient need not police application. Certification reliance enforces against trust property; unrecorded deed loses to later value purchaser without actual notice or judgment creditor (§§ 28-73-1012-.1013; § 14-15-404) |
| California verified 2026-08-13 | California Trust Law plus ordinary conveyance and recording statutes; outbound sale or in-kind distribution by acting inter vivos-trust trustee (Cal. Prob. Code §§ 15620-15622, 16004, 16200, 16226, 16246, 16608, 16614, 18100-18100.5; Civ. Code §§ 1091, 1169, 1213-1217) |
No ordinary court authorization: trust powers, statutory powers unless limited, and purpose-consistent acts. Express public/private, cash/credit/exchange sale power; in-kind pro rata or non-pro-rata distribution power; instrument-execution power (Cal. Prob. Code §§ 16200, 16226, 16246, 16249) |
Unanimous cotrustee action unless trust says otherwise; remaining trustees may act on vacancy and may act for unavailable trustee when necessary. Directed trustee reasonably complies with director unless willful misconduct; joint directors default to majority (Cal. Prob. Code §§ 15620-15622, 16608(c), 16614) |
No universal preapproval for authorized arm's-length deed. Trustee may petition for power/instructions; adverse-interest or own-profit transaction breaches loyalty and can be enjoined/set aside subject to third-party protection (Cal. Prob. Code §§ 16004, 16420, 17200) |
Written instrument signed by trustee as disposing party; no subscribing-witness or seal rule. Acknowledgment is required for recording, and witness proof cannot substitute for a deed affecting real property (Cal. Civ. Code § 1091; Gov. Code § 27287) |
Trust code states no special deed recital; identify record-title trustee as grantor in trustee capacity and follow trust/title terms. Certification may state acting trustees, title manner, and legal description (Cal. Prob. Code § 18100.5(b)-(c)) |
Certification is optional and may replace full trust; all acting trustees sign an acknowledged declaration. Affected person may demand trustee-succession and transaction-power excerpts, not dispositive terms or full trust (Cal. Prob. Code § 18100.5(a)-(e)) |
Record with county recorder where land lies; acknowledged recorded deed gives constructive notice. Certification may be recorded where trust realty lies but is not required with the deed; no universal trust/order companion stated (Cal. Prob. Code § 18100.5(i); Civ. Code §§ 1169, 1213, 1217; Gov. Code § 27287) |
Good-faith value purchaser without actual knowledge need not inquire and is fully protected. Certification transaction binds trust assets absent actual knowledge of excess authority; beneficiaries retain claims against trustee. Race-notice protects later good-faith purchaser recording first (Cal. Prob. Code §§ 18100, 18100.5(f)-(h); Civ. Code § 1214) |
| Colorado verified 2026-08-13 | Colorado Uniform Trust Code, Uniform Directed Trust Act, Fiduciaries' Powers Act, and Titles 38–39 govern an outbound trustee sale or distribution; authority, deed effect, recording, and reliance remain separate |
Without court authorization, trustee has trust-conferred and owner-equivalent powers and may sell, exchange, partition, distribute assets, and sign useful instruments; trust limits and fiduciary duties control (§§ 15-5-105, -815–816) |
Cotrustees unable to agree unanimously may act by majority; vacancy, unavailability, delegation, dissent, and breach-prevention rules apply. Trust director may control management/distribution; directed trustee complies unless willful misconduct (§§ 15-5-703, 15-16-802, -806, -809) |
No ordinary preapproval; personal-account or conflicted sale/encumbrance is voidable unless trust-authorized, court-approved, time-barred, consented/ratified/released, or predates trusteeship (§§ 15-5-802, -1001) |
Written deed subscribed by grantor; statutory forms use grantor signature only, with no witness or private-party seal. Acknowledgment is optional for deed effect and gives execution/delivery presumptions; even unacknowledged recording gives notice (§§ 38-10-106, 38-30-113, 38-35-101, -106) |
Trust may hold and convey in its own name; if title names a trustee-grantee, record must identify represented person, trust/agreement, appointment, or recorded source or capacity is presumed personal. Disclose fiduciary capacity for qualified contract-liability protection (§§ 38-30-108 to -108.5; 15-5-1010) |
Optional certification has seven content groups, no-inaccuracy statement, any-trustee authentication, and limited trustee/power excerpts. Trust holding title in its name may instead record an optional statement of authority with four core fields (§§ 15-5-1013, 38-30-108.5, -172) |
Record with county clerk and recorder where land lies; acknowledged recording is prima facie due delivery. Deed needs grantee legal address, transfer declaration process, and applicable documentary fee; no universal certification/order attachment (§§ 38-35-101, -109; 39-13-102, -105; 39-14-102) |
Good-faith value purchaser without knowledge gets no-inquiry protection; certification reliance can bind trust property. Recording is race-notice; breach avoidance/tracing remains subject to purchaser protection (§§ 15-5-1001, -1012–1013; 38-35-106, -109) |
| Connecticut verified 2026-08-13 | Connecticut Uniform Trust Code and Directed Trust Act, Conn. Gen. Stat. §§ 45a-499a–45a-500s, plus title 47 land law; outbound sale or distribution by an inter vivos-trust trustee |
Without court authorization: trust-conferred and owner-equivalent powers; express public/private cash/credit sale, exchange/partition, real-property management, distribution in kind, and instrument execution. Trust limits and fiduciary duties control (§§ 45a-499mmm–45a-499nnn) |
Cotrustees unable to agree may act by majority; vacancy, temporary-unavailability, delegation, and dissent rules apply. Trust-created directors may hold direction powers; directed trustee complies unless that would be wilful misconduct (§§ 45a-499tt, 45a-500f, 45a-500i) |
No continuing supervision for inter vivos trust and no ordinary preapproval. Personal-account/conflicted transaction is voidable unless trust-authorized, court-approved, time-barred, consented/ratified/released, or pre-trusteeship; special fiduciary available (§§ 45a-499m, 45a-499bbb) |
Written deed; natural-person grantor signs by hand or mark, with or without seal; grantor acknowledges; two witnesses attest; deed includes grantee's current mailing address (§ 47-5) |
Trust interest should feasibly appear in third-party records. A recorded grantee designation using trustee/as trustee alone does not restrict later disposition absent a separately recorded power-limiting instrument (§§ 45a-499hhh, 47-20) |
Optional certification instead of full trust: 8 content groups including TIN, title manner, powers, and cotrustee signing authority; any trustee authenticates; recipient may demand targeted trustee-and-power excerpts (§ 45a-499zzz) |
Record in land records of the town where land lies to bind persons beyond grantor/heirs. No universal trust-certificate companion; certification may be furnished, and a title-fact affidavit may be recorded (§§ 47-10, 47-12a) |
Good-faith value dealer without knowledge has no inquiry duty; certification reliance can bind trust property. Section 47-20 additionally protects a transferee from a record-designated trustee where no separate recorded instrument limits power (§§ 45a-499yyy–45a-499zzz, 47-20) |
| Delaware verified 2026-08-13 | Titles 12 and 25 govern trustee power, trust terms, directed action, deed form, certification, recording, and third-party protection for an outbound inter vivos-trust sale or distribution (12 Del. C. §§ 3303, 3313, 3323-3325, 3590-3591; 25 Del. C. §§ 101, 121-123, 131, 151-153) |
Without court authorization, trustee may use trust-conferred powers and, unless limited, statutory powers to sell publicly/privately for cash/credit, exchange, partition, mortgage, distribute in kind, and sign instruments. Trust may expand, restrict, eliminate, or vary powers and duties, except stated willful-misconduct limits (12 Del. C. §§ 3303(a), 3324-3325) |
Unless trust says otherwise, 2 fiduciaries must both act; 3+ act by majority, with written-dissent protection. Instrument may require adviser direction/consent or allocate exclusive power to a cotrustee; directed or excluded trustee follows the stated allocation subject to willful-misconduct rules (85 Del. Laws ch. 383, § 1; 12 Del. C. §§ 3313, 3313A) |
No universal court preapproval for a power authorized by §§ 3324-3325. Trust terms and fiduciary duties still govern; court may compel, enjoin, restore property, void an act subject to purchaser protection, or grant other relief for breach. Informed consent, release, or ratification may bar a claim subject to statutory exceptions (12 Del. C. §§ 3324(b), 3581, 3588, 3590) |
Deed transfers title; statutory form uses grantor signature, seal, delivery, and witness lines, but other forms remain valid and § 131 validates an owner-signed, acknowledged conveyance despite no seal. Acknowledgment, or proof by subscribing witness, is certified on or attached to deed. No mandatory deed-witness count when acknowledged (25 Del. C. §§ 101, 121-123, 131) |
Use record-title owner as grantor and disclose trustee capacity. Chapter 1 states no universal deed recital of trust name, date, trustor, or beneficiaries; grantee address must be placed on or attached. Certification may state trust/current trustees and how title may be taken (25 Del. C. §§ 121, 131, 133; 12 Del. C. § 3591(a)) |
Trustee may give acknowledged certification instead of full trust: nonexclusive 7 matters, current-accuracy statement, any-trustee signature, no dispositive terms. Recipient may demand only trustee/power excerpts for pending transaction; certification is permitted, not universally mandatory or necessarily recorded (12 Del. C. § 3591) |
After sealing and delivery, acknowledged/proved deed and certificate record with Recorder of Deeds in county where land lies; recording affects only land in that county and priority runs from recording. Chapter 1 states no universal trust-certificate companion-recording rule; deed carries grantee address (25 Del. C. §§ 133, 151-153) |
Good-faith value purchaser without knowledge of excess/improper power is protected and need not inquire; delivery to trustee need not be policed. Without knowledge of error, certification facts may be assumed; good-faith certification transaction binds trust property. Bad-faith full-instrument demand may yield damages and fees (12 Del. C. §§ 3590-3591) |
| District of Columbia verified 2026-08-13 | D.C. Code chs. 19-13 and 19-21 plus §§ 42-306 and 42-401 govern trust authority, directed action, deed form, delivery, recording, and third-party protection |
Without court authorization, trustee has trust-conferred and owner-equivalent powers and may sell, exchange, partition, mortgage, distribute in kind, and sign useful instruments, subject to trust limits and fiduciary duties (§§ 19-1301.05, 19-1308.15-.16) |
Cotrustees seek unanimity; if unable, majority may act. Distribution decision cannot be delegated. Trust director may hold instrument-granted management/distribution power; directed trustee reasonably complies unless willful misconduct (§§ 19-1307.03, 19-2102, -2106, -2109) |
No ordinary preapproval or continuing supervision; conflicted sale is voidable unless trust-authorized, court-approved, time-barred, properly consented to/ratified/released, or based on a pre-trustee contract or claim (§§ 19-1302.01, 19-1308.02) |
Fee/life/over-one-year interest uses deed signed and sealed by trustee; no witness requirement stated. Executed deed must be acknowledged and certified, then delivered (§§ 42-306, 42-401) |
Identify trustee grantor and disclose fiduciary capacity; proper fiduciary contract avoids personal liability unless contract says otherwise. Certification reports title manner (§§ 19-1310.10, 19-1310.13) |
Certification is optional; eight content groups include TIN and title manner. Any trustee may authenticate; recipient may demand only trustee-and-transaction-power excerpts. It does not create missing authority (§ 19-1310.13) |
Delivery makes deed effective between parties; record acknowledged/certified deed with District Recorder of Deeds for protection. Surveyed statutes state no universal certification attachment (§§ 42-401; 19-1310.13) |
Good-faith value purchaser without knowledge gets no-inquiry protection; certification may bind trust property. Unrecorded deed loses to creditors and later bona fide purchasers/mortgagees without notice; no first-to-record condition stated (§§ 19-1310.12-.13, 42-401) |
| Florida verified 2026-08-13 | Florida Trust Code plus Chapters 689 and 695; outbound sale or distribution by acting inter vivos-trust trustee (Fla. Stat. §§ 689.01, 689.07, 695.01, .03, .11, 736.0703, .0802, .0815-.0816, .1016-.1017, .1409, .1412) |
Without ordinary court authorization: trust-conferred and owner-equivalent powers unless limited; express cash/credit public/private sale, distribution, and instrument powers (Fla. Stat. §§ 736.0815, 736.0816(2), (22), (24)) |
Cotrustees unable to agree may act by majority; vacancy/unavailability routes apply. Trust may allocate exclusive direction among trustees; directed trustee reasonably complies within scope unless willful misconduct (Fla. Stat. §§ 736.0703, 736.1409, 736.1412) |
No universal preapproval for authorized arm's-length deed. Trustee-account or conflicted management transaction is voidable unless trust authorization, court approval, timely-bar, valid consent/release, revocable-settlor written consent, or another listed exception; court may appoint special fiduciary (Fla. Stat. § 736.0802(2)-(3), (9)) |
Written deed signed before two subscribing witnesses; remote audio-video witnessing allowed; no seal needed. For recording, execution must be acknowledged, proved by subscribing witness, or otherwise authenticated under § 695.03 (Fla. Stat. §§ 689.01, 695.03) |
If incoming title merely added 'trustee/as trustee' without beneficiaries, trust purpose, or trust title/date, grantee may hold fee/title with full conveyance power unless contrary deed or recorded declaration; value transferee before declaration records takes free of beneficiary claims (Fla. Stat. § 689.07) |
Optional certification instead of full trust to nonbeneficiary; any trustee authenticates. Must include director/power/direction facts when applicable; recipient may demand trustee-designation and transaction-power excerpts (Fla. Stat. § 736.1017(1)-(5)) |
Record in county Official Records through circuit-court clerk; acknowledgment/proof and statewide signer/preparer/witness/notary/grantee fields apply. No universal certification, trust, or order companion stated (Fla. Stat. §§ 695.03, 695.11, 695.26; § 736.1017) |
Good-faith nonbeneficiary dealer without knowledge protected and need not inquire. Certification-supported good-faith transaction binds trust property. Recording protects against value purchasers/creditors without notice; § 689.07 adds undisclosed-beneficiary title protection (Fla. Stat. §§ 736.1016-.1017, 695.01, 689.07(4)) |
| Georgia verified 2026-08-13 | Revised Georgia Trust Code, O.C.G.A. Chapter 53-12; deed and recording law in O.C.G.A. Title 44; outbound sale or beneficiary distribution by living-trust trustee |
No ordinary court order: trust powers plus owner-level power; express public/private sale, warranty choice, terms/credit, and free-of-trust conveyance, except as trust limits (O.C.G.A. § 53-12-261) |
Two or more cotrustees act unanimously; ministerial delegation, vacancy, and temporary-incapacity routes. Trust director may hold direction/consent/veto power (O.C.G.A. §§ 53-12-204, 53-12-500) |
Ordinary authorized sale needs no approval; trustee acts solely for beneficiaries and discretionary power in good faith. Court route remains available for authority/conflict disputes (O.C.G.A. §§ 53-12-246, 53-12-260–261) |
Original written deed signed by trustee; authorized officer/notary plus one other witness; delivery required. Statute states no separate seal rule for ordinary deed (O.C.G.A. §§ 44-5-30, 44-2-15) |
Trustee holds and conveys legal title; deed should identify titled trustee as grantor in trustee capacity and follow prior record title (O.C.G.A. §§ 53-12-25, 53-12-261) |
Optional certification may state power, restrictions, title manner, required trustees, and consent; every trustee signs; recipient may demand targeted authority excerpts; e-signatures allowed (O.C.G.A. §§ 53-12-280, 53-12-512) |
Deliver deed, then record with superior-court clerk in land county. No statewide rule makes certification/trust instrument a universal companion; recordable certification is optional (O.C.G.A. §§ 44-5-30, 44-2-1, 53-12-280(i)) |
Buyer need not follow proceeds; certification reliance without known error is protected and good-faith transaction enforceable. Prior unrecorded deed loses to later recorded deed taken without notice (O.C.G.A. §§ 53-12-261, 53-12-280, 44-2-1) |
| Hawaii verified 2026-08-13 | Hawaii Uniform Trust Code plus regular-system and Land Court conveyance statutes; outbound sale or in-kind distribution by an acting inter vivos-trust trustee (HRS §§ 554D-105, -815, -816; 501-101; 502-31 to -41, -83) |
No ordinary court authorization: trust powers and, unless limited, owner-equivalent and administration powers. Express cash/credit public/private sale, exchange, partition, disproportionate in-kind distribution, and instrument-signing powers (§§ 554D-815 to -816) |
After all-trustee consultation, failed unanimity permits majority action; vacancy, unavailability, conflict recusal, and delegation routes apply. Revocable settlor may direct in writing; trust may assign advisor direction/consent, with fiduciary status and trustee-liability limits (§§ 554D-703, -808) |
No universal preapproval for an authorized arm's-length deed. Court may give instructions; own-account or conflicted sale is voidable unless trust-authorized, court-approved, timely unchallenged, beneficiary-approved, or pre-trusteeship (§§ 554D-201, -802, -815) |
Signed conveyance; no statewide subscribing-witness or seal rule. Original signature and acknowledgment are the regular recording gate; capacity-form acknowledgment is available (§§ 502-31, -41) |
Identify the record-title trustee as grantor and disclose fiduciary capacity in grant, signature, and acknowledgment. Certification states trust name and current trustee; capacity disclosure supports contract-liability protection (§§ 554D-1010, -1013(a)(1), (3)) |
Certification is optional; seven fact groups include trust name, cotrustee authority, and nonprohibited agent delegation. Any trustee authenticates; recipient may demand trustee-designation and transaction-power excerpts. Section states no recording effect (§ 554D-1013) |
Delivery makes regular deed effective between parties; Bureau of Conveyances records regular-system deed, with acknowledgment, grantee address, and first-page/original-signature rules. Land Court registration with assistant registrar is operative. No universal certification/trust/order companion (§§ 501-101; 502-31, -32, -34, -41) |
Good-faith value buyer without actual knowledge gets no-inquiry protection; certification can bind trust property. Regular-system unrecorded deed loses to later good-faith value taker without actual notice who records first; Land Court deed binds land only on registration (§§ 554D-1012 to -1013; 501-101; 502-83) |
| Idaho verified 2026-08-13 | Uniform Trustees’ Powers Act, Idaho Code §§ 68-104 to -113; trust-administration/advisor provisions in Title 15, Chapter 7; Title 55 deed and recording law; outbound inter vivos-trust sale, encumbrance, exchange, or distribution |
Unless limited by trust, trustee may act without court authorization as a prudent person for trust purposes; express powers cover sale/conveyance/disposition, exchange, partition, development, mortgage/pledge, divided or undivided distribution, and transaction instruments (§§ 68-105 to -106) |
Three or more trustees may exercise power by majority; remaining trustees take over after refusal, inability, or cessation, but participation/breach-prevention duties remain. Trust may appoint investment advisor to direct sale/encumbrance, distribution advisor to direct discretionary distributions, or protector with instrument-defined powers (§ 68-109; § 15-7-501) |
No universal preapproval for authorized nonconflicted deed. If trustee duty conflicts with individual interest or interest as trustee of another trust, power ordinarily may be exercised only with court authorization; court may also permit deviation from trust/Act restrictions for cause (§ 68-108) |
Written conveyance subscribed by owner/disposing party or writing-authorized agent, naming grantee and complete mailing address. Section 55-601 states no witness or seal formality; acknowledgment or proof and certification are recording conditions (§§ 55-601, -805) |
No separate trustee-deed naming formula in fetched trust/deed schemes. Use the record-title disposing trustee and disclose fiduciary capacity; certification may state current trustees, trustee powers/restrictions, cotrustee action, and title form (§ 55-601; §§ 68-114 to -115; § 15-7-306) |
Certification is voluntary or recipient-requested and rejectable; it is an affidavit signed and acknowledged by all current trustees. Eight fact groups are permissive, accuracy/all-signature statements mandatory, and recipient may require trustee/pending-power excerpts (§§ 68-114 to -118) |
Record acknowledged/proved deed with county recorder where land lies. Deed must include grantee mailing address; no universal trust instrument/certification companion in fetched statutes. Covered community real estate requires spouse joinder or express power of attorney (§§ 55-601, -805, -808; § 32-912) |
Third person without actual knowledge may assume trust powers/proper exercise and need not police application; certification adds no-knowledge reliance and enforceability unless person knows trustee exceeds scope. Recording gives constructive notice; later good-faith value purchaser/mortgagee recording first prevails (§§ 68-110, -117; §§ 55-606, -811, -812, -815) |
| Illinois verified 2026-08-13 | Illinois Trust Code plus Conveyances Act; ordinary outbound sale or distribution of realty held in an inter vivos trust (760 ILCS 3/105, 703, 802, 808, 815-816, 1010, 1012-1013; 765 ILCS 5/1, 20, 28, 30-31) |
Without court authorization, trustee may use instrument powers or, unless limited, an unmarried capable owner's powers and other proper administration powers; express public/private sale, mortgage, real-estate acts, distribution, and conveyance execution powers remain fiduciary and instrument-controlled (760 ILCS 3/105, 815-816) |
Cotrustees unable to agree may act by majority only after prior written notice to, or written waiver by, every other cotrustee; participation, unavailability, delegation, serious-breach, and dissent rules apply. Instrument may give directing party binding sale/encumbrance authority; excluded fiduciary follows it with statutory liability limits (760 ILCS 3/703, 808) |
No universal order for authorized arm's-length conveyance. Conflicted sale/encumbrance is voidable and profit disgorged unless instrument/law authorization, court or valid nonjudicial approval, limitations, beneficiary consent/ratification/release, or pre-trustee contract applies; court may appoint special fiduciary (760 ILCS 3/802) |
Written deed signed by maker of full age and sound mind is sufficient; no witness, acknowledgment, or deed seal is stated for party-to-party effect. In-state notarial acknowledgment uses official seal; even unacknowledged filing gives notice, but execution must be proved before evidentiary use (765 ILCS 5/1, 20, 31) |
Use the record-title trustee as grantor and disclose fiduciary capacity; certification identifies acting trustee/address, powers, cotrustee signing authority, and manner of taking title. Proper fiduciary-capacity contract plus disclosure limits trustee's personal contract liability (760 ILCS 3/1010, 1013) |
Optional certification instead of full trust for nonbeneficiary; 8 items plus no-change statement; one or more trustees authenticate and recipient may require acknowledgment. Recipient may demand designation/power excerpts; no certification-specific recording rule (760 ILCS 3/1013) |
Signed deed is sufficient between parties under § 1; file in county where land lies for protection against creditors and later purchasers without notice. Filing gives notice even without acknowledgment. Trust Code does not require certification, trust instrument, or court order with every independently authorized deed (765 ILCS 5/1, 28, 30-31; 760 ILCS 3/1013) |
Good-faith value purchaser without knowledge of excess/improper power is protected as if power properly exercised and need not inquire. Good-faith certification reliance is enforceable against trust property; conflicted transaction remains voidable subject to third-party protection (760 ILCS 3/802, 1012-1013) |
| Indiana verified 2026-08-13 | Indiana Trust Code + IC 32-21 and IC 36-2-11; outbound sale, exchange, conveyance, or in-kind distribution by an inter vivos-trust trustee (§§ 30-4-3-3; 32-21-1-13; 32-21-4-1) |
Court-free power for every necessary/appropriate act, including public/private cash/credit sale and conveyance, realty management, cash/in-kind distribution, and instrument execution; trust terms control and prudence applies (§ 30-4-3-3) |
Unless trust changes it: 2 trustees act jointly; 3+ by majority; impasse needs prospective court permission absent immediate irreparable risk. Cotrustee participation/prevention duties apply; pre-2019 directions follow § 30-4-3-9 (§§ 30-4-3-4, -8, -9) |
Ordinary authorized conveyance needs no court order, but an individual/other-trust conflict requires court authorization, the statutory notice route plus written authorization of all interested persons, or specific trust authority. Prohibited self-dealing needs all qualified beneficiaries' written consent or court approval (§§ 30-4-3-5, -7, -7.5) |
Written deed signed by grantor with acknowledgment or proof. Acknowledgment needs no witness; proof uses 1 disinterested witness who observed and signed. General deed rule states no seal, though the sufficient statutory quitclaim form includes one (§§ 32-21-1-13, -15; 32-21-2-1.7, -3, -7) |
Identify record-title trustee as grantor and show trustee capacity consistently in body, signature, and acknowledgment/proof; executor names must match throughout. No cited statewide rule requires settlor, beneficiaries, or trust date in every deed (§§ 30-4-3-10; 32-21-2-10; 36-2-11-16) |
Optional certification instead of trust: 7 facts + no-inaccuracy statement; any trustee may authenticate, no notary required, dispositive terms permitted, limited trustee/power excerpts demandable. No certification-specific recording rule (§ 30-4-4-5) |
Record with county recorder where land lies after county-auditor endorsement; include tax-statement and grantee mailing addresses, preparer, SSN-redaction affirmation, printed/matching names, and legal description as required. No universal certification/order companion (§§ 32-21-2-3, -10; 32-21-4-1; 36-2-11-14 to -16) |
Proper transferee takes free of trust; breach transferee is protected only for value, without notice, and outside known illegality. Certification reliance can bind trust property. Later good-faith value purchaser who records first wins; beneficiary loss/profit/fee and injunction/redress remedies remain (§§ 30-4-3-11, -22; 30-4-4-2, -5; 32-21-4-1) |
| Iowa verified 2026-08-13 | Iowa Trust Code, Iowa Code ch. 633A, plus ch. 558 conveyance law; outbound sale, exchange, encumbrance, or distribution of inter vivos-trust realty |
Without court authorization: trust-conferred/code powers; express public/private cash/credit disposition or exchange, management/development, mortgage/pledge, divided or undivided distribution, and instrument execution. Trust limits and fiduciary principles control (§§ 633A.4401–.4402) |
Unless trust says otherwise, cotrustee power uses majority action; impasse goes to court or majority-approved ADR, with vacancy/unavailability routes. Investment trust director may bind trustee on sale, exchange, pledge, encumbrance, and management (§§ 633A.4103, .4802, .4809) |
No ordinary preapproval. Material-conflict transaction is voidable unless expressly trust-authorized, beneficiary-approved/released, or court-approved after notice; listed trustee-related parties are included (§ 633A.4202) |
Written deed/conveyance affecting realty; acknowledgment under ch. 9B, or limited proof-of-execution-and-delivery fallback. No subscribing-witness requirement; officer's acknowledgment/proof certificate may be under seal or otherwise (§§ 558.1, .20, .31–.34) |
Trust property must be designated so trust interest clearly appears; revealing representative capacity and identifying trust avoids trustee's contract liability. Use record-title trustee and fiduciary capacity (§§ 633A.4210, .4601) |
Optional Iowa certificate: all current trustees; individual/majority/unanimous rule; no-inaccuracy statement; one trustee or trustee-attorney signature; dated and Iowa perjury-certified or notarized oath; identity proof and targeted excerpts (§ 633A.4604) |
Record acknowledged/proved instrument with county recorder where land lies. No universal trust-certificate companion; proof route itself proves execution and delivery in limited cases (§§ 558.31–.32, .41–.42) |
Good-faith value dealer without knowledge has no inquiry/application duty; certification reliance after reasonable identity steps (max 10 business days) binds trust assets. Unrecorded instrument loses to value purchaser without notice (§§ 633A.4603–.4604; § 558.41) |
| Kansas verified 2026-08-13 | Kansas Uniform Trust Code, K.S.A. ch. 58a, Uniform Directed Trust Act, K.S.A. 58-5001 et seq., and realty/recording statutes; outbound sale, encumbrance, or distribution by inter vivos-trust trustee |
Without court authorization: trust powers, owner-equivalent powers unless limited, management/distribution powers, and express sale, mortgage, realty-development, distribution, and instrument powers; fiduciary duties govern exercise (§§ 58a-815-.816) |
Cotrustees unable to reach unanimity act by majority, subject to vacancy, unavailability, delegation, dissent, and breach duties. Trust terms may grant a director investment, management, distribution, or administration power; directed trustee follows unless compliance is willful misconduct (§ 58a-703; §§ 58-5002, -5006, -5009) |
No universal preapproval for authorized arm's-length deed. Personal-account or conflicted sale/encumbrance is voidable unless trust-authorized, court-approved, timely unchallenged, beneficiary-consented/ratified/released, or within pre-trustee-contract exception (§§ 58a-802, -815) |
Deed executed by person with authority and subscribed by grantor or lawful agent; no other act or ceremony and no universal witness/seal rule. Acknowledgment or proof and certification is the recording route (§§ 58-2205, -2209, -2211) |
Use record-title trustee as grantor and disclose fiduciary capacity. Certification states acting trustee/address, cotrustee authority, and manner of taking title. Qualifying homestead requires joint spousal consent (§ 58a-1013; § 60-2301) |
Optional acknowledged certification to person other than qualified beneficiary; seven information groups, no-inaccuracy statement, any trustee authenticates, and recipient may require trustee-designation/pending-power excerpts (§ 58a-1013) |
Record acknowledged/proved deed with county register of deeds where land lies; furnish grantee/designee name and address. Sales-validation questionnaire must accompany transfer unless § 79-1437e exemption is stated on deed; certification is not universal companion (§§ 58-2221, 79-1437c, -1437e) |
Good-faith value dealer without knowledge is protected and need not inquire; certification supports no-knowledge reliance and good-faith enforcement. Filing gives notice; unrecorded deed binds only parties and actual-notice persons (§§ 58a-1012-.1013; §§ 58-2222,-2223) |
| Kentucky verified 2026-08-13 | Kentucky Uniform Trust Code plus KRS Chapter 382 deed/recording law govern an inter vivos trustee's sale or distribution; trust authority, cotrustee/director action, deed form, certification, and record priority remain separate |
Without court authorization, trustee has trust-conferred and owner-equivalent powers; may sell, exchange/partition, distribute divided/undivided and proportionately/disproportionately, and sign useful instruments. Trust limits and duties control (§§ 386B.8-150 to -160) |
Cotrustees unable to agree unanimously may act by majority; vacancy, temporary-unavailability, delegation, dissent, and breach-prevention rules apply. Trust may grant director power; directed trustee reasonably complies unless willful misconduct (§§ 386B.7-030, 386B.12-050, -080) |
No ordinary preapproval. Personal-account or conflicted sale/encumbrance is voidable unless trust-authorized, court-approved, time-barred, consented/ratified/released, or pre-trusteeship; court may appoint special fiduciary or grant breach remedies (§§ 386B.8-020, 386B.10-010) |
Freehold passes by deed. Trustee signs as grantor; acknowledgment or statutory witness proof admits deed to record. No universal subscribing-witness or seal requirement when acknowledgment route is used (§§ 382.010, 382.130, 382.270) |
Identify record-title trustee as grantor and disclose fiduciary capacity in deed/contract. Certification states acting trustee and title-taking manner; disclosed fiduciary capacity limits personal contract liability unless contract provides otherwise (§§ 386B.10-100, -120) |
Optional 7-field certification plus no-change statement; any trustee authenticates, and recipient may demand only trustee-designation and pending-transaction-power excerpts. No certification-specific oath, notary, or recording rule (§ 386B.10-120) |
Record with county clerk where property or greater part lies; deed states immediate source of title, party names/addresses, consideration or value certificate, and tax-bill in-care-of address. No universal certification companion (§§ 382.110, 382.135) |
Good-faith value dealer without knowledge is protected and need not inquire; good-faith certification reliance can bind trust property. Recorded deed gives constructive notice and protects against purchasers without notice and creditors (§§ 386B.10-110 to -120; § 382.270) |
| Louisiana verified 2026-08-13 | Louisiana Trust Code, Civil Code authentic/private-act and registry rules, and parish-recording statutes govern an inter vivos trustee's sale or distribution of an immovable; trust authority, transfer form, trust extract, and third-person effect remain separate |
Trust terms control; otherwise trustee has necessary/appropriate powers and may sell unless specifically forbidden or retention in kind is intended. Distribution may be full ownership or undivided, pro rata or non-pro-rata (§§ 9:2061, 9:2111, 9:2119, 9:2131) |
Two trustees exercise a shared power only together; 3+ may act by majority. Trust/court may alter those rules, and trust may allocate different powers independently. Specific-property closing acts may be delegated by POA (§§ 9:2087, 9:2113-2114.1) |
No ordinary sale preapproval under § 9:2119. Direct/indirect sale to or from trustee, specified related persons, or another trust of same trustee needs trust authorization or court authorization after contradictory hearing; instructions are available (§§ 9:2082, 9:2085, 9:2233) |
Immovable transfer by authentic act or act under private signature. Authentic act: parties, notary, and 2 witnesses sign; acknowledged private act uses court/notary/officer plus 2 witnesses for prima facie proof (C.C. arts. 1833, 1836, 1839) |
Title is transferred to and held by trustee as fiduciary; identify the record-title trustee and trust in the grantor/signature capacity. 'Trustee' plus trust-identifying language is prima facie intent to exclude personal contract liability (§§ 9:1781, 9:2125) |
Not a general UTC certification: record trust instrument, clerk-certified copy, or settlor/trustee-executed extract naming trust status, settlors, all trustees, beneficiaries, date, and every immovable-power limit; property description is unnecessary (§ 9:2092) |
Record in every parish containing the immovable; if trust instrument itself transfers it, record full instrument. Conveyance also designates tax-responsible person/address; parish clerk is recorder. Recordation gives third-person effect (C.C. arts. 1839, 3338; § 9:2721; La. Const. art. V, § 28) |
Unrecited trust limits on alienation/lease/encumbrance are ineffective against third persons; compliant extract affects them from recordation and shields inter vivos form defects. Recording does not presume validity, genuineness, capacity, or status (§ 9:2092; C.C. arts. 3341-3342) |
| Maine verified 2026-08-13 | Maine Uniform Trust Code, Uniform Directed Trust Act, and realty-conveyance statutes; outbound sale or in-kind distribution by an acting inter vivos-trust trustee (18-B M.R.S. §§ 105, 815-816, 2106-2111; 33 M.R.S. §§ 162, 201, 203, 851-A) |
No ordinary court authorization: trust powers and, unless limited, owner-equivalent investment, management, and distribution powers. Express cash/credit public/private sale, exchange, partition, in-kind distribution, and instrument-signing powers (18-B M.R.S. §§ 815-816) |
Failed unanimity permits cotrustee majority; vacancy, unavailability, delegation, and written-dissent rules apply. Trust may grant a director a power of direction; directed trustee must take reasonable action to comply unless compliance would be willful misconduct (18-B M.R.S. §§ 703, 2106, 2109, 2111) |
No universal preapproval for an authorized arm's-length deed. Court may give instructions; own-account or conflicted sale is voidable unless trust-authorized, court-approved, timely unchallenged, beneficiary-approved, or pre-trusteeship (18-B M.R.S. §§ 201, 802, 815) |
Land interest greater than tenancy at will requires a signed writing. No statewide subscribing-witness or seal requirement stated; acknowledgment before an authorized officer is required before ordinary registry recording (33 M.R.S. §§ 162, 203) |
Identify the trustee and fiduciary capacity. If the deed names the trust as grantor, it is treated as made by the trustees who sign as trustees; Maine trusts are not thereby recognized as entities holding or conveying title in their own names (33 M.R.S. § 851-A(2), (5)-(6)) |
Optional certification may contain some or all eight listed facts; only the no-incorrect-change statement is mandatory. Any trustee authenticates; recipient may demand trustee-designation and transaction-power excerpts. No certification-specific acknowledgment or recording effect stated (18-B M.R.S. § 1013) |
Record acknowledged deed in the registry for every county or legal registry district where land lies. No universal certification, trust, or court-order companion; certification recipient may request focused excerpts (33 M.R.S. §§ 201, 203; 18-B M.R.S. § 1013) |
Good-faith value buyer without knowledge gets no-inquiry protection; good-faith certification reliance can bind trust property. Unrecorded deed is ineffective against persons other than grantor, heirs/devisees, and those with actual notice (18-B M.R.S. §§ 1012-1013; 33 M.R.S. § 201) |
| Maryland verified 2026-08-13 | Maryland Trust Act + fiduciary-powers statute + Real Property Titles 3–5; outbound sale, exchange, encumbrance, or distribution by an inter vivos-trust trustee (ET §§ 14.5-815–816, 15-102; RP §§ 3-101, 4-101, 5-101) |
Court-free trust-conferred and owner-equivalent powers; express sell/mortgage/exchange power. Trust terms may extend or limit powers, and fiduciary duties still govern (ET §§ 14.5-105, 14.5-815–816, 15-102) |
No statutory majority default: available cotrustees participate unless properly delegated; remaining trustees act after vacancy or urgent unavailability. Trust may require adviser direction/consent, including sale or encumbrance authority (ET §§ 14.5-703, 14.5-808) |
No ordinary preapproval. Personal-account/conflicted sale or encumbrance is voidable unless trust-authorized, court-approved, time-barred, consented/ratified/released, or pre-trusteeship; special-fiduciary and breach remedies remain (ET §§ 14.5-802, 14.5-901) |
Signed written deed naming grantor/grantee, sufficiently describing property and estate, and acknowledged; no subscribing witness, attestation, or seal required. Recording is generally part of passing a freehold estate (RP §§ 3-101, 4-101, 5-101) |
Name the record-title trustee as grantor and disclose trustee capacity. Deed names grantor/grantee, property, and estate; disclosure preserves qualified contract-liability protection. No cited rule requires beneficiaries or dispositive terms in every deed (ET § 14.5-908; RP § 4-101) |
Optional certification instead of full trust: 8 transaction-specific fact groups, including TIN unless also settlor SSN; any trustee may authenticate. Recipient may require limited designation/power excerpts; no statutory notary or recording mandate (ET § 14.5-910) |
Delivery sets effective date; record in each county where land lies. Change-of-ownership deed requires tax endorsement, intake sheet/assessment endorsement, copy, typed signer names, and attorney-or-party preparation certification; no universal trust certificate/order companion (RP §§ 3-101, 3-103–104, 3-201) |
Dealer without actual knowledge or reasonable cause to inquire has no exercise inquiry duty; reasonable certification reliance can bind trust property. Recording gives constructive notice and race-notice priority; breach avoidance/tracing remains subject to purchaser protection (ET §§ 14.5-901, -909–910; RP §§ 3-102–103, 3-201, 3-203) |
| Massachusetts verified 2026-08-13 | Massachusetts Uniform Trust Code, G.L. c. 203E, plus c. 183–185 land law; outbound sale, exchange, distribution, or other deed by an inter vivos-trust trustee |
Without court authorization: trust-conferred and owner-equivalent powers; express cash/credit public/private sale, exchange/partition, divided or undivided proportional or nonproportional distribution, instrument execution, and title-holding entities. Trust limits and fiduciary duties control (c. 203E, §§ 815–816) |
Cotrustees unable to agree may act by majority; vacancy and temporary-unavailability routes apply. Instrument-created direction power binds unless manifestly contrary to trust or known serious fiduciary breach; direction holder presumptively fiduciary (§§ 703, 808) |
No ordinary preapproval. Personal-account/conflicted transaction voidable unless trust-authorized, court-approved, time-barred, consented/ratified/released, or pre-trusteeship; court may enjoin or void act and trace property (§§ 802, 1001) |
Signed and delivered deed is sufficient without another ceremony; land interest requires grantor-signed writing. No deed records without acknowledgment or proof certificate; no statutory subscribing-witness or seal mandate (c. 183, §§ 1, 3, 29) |
Use the record-appearing trustee grantor. A recordable instrument by persons who appear in registry records as trustees can bind the trust for good-faith reliance; recorded trust/change facts can defeat that protection (c. 184, § 34) |
General optional certification: 8 facts including TIN, any-trustee authentication, no-change statement, targeted power excerpts, reliance. Separate realty certificate: record-appearing trustee, oath or penalties of perjury, identity/authority/condition facts; latest recorded controls (§ 1013; c. 184, § 35) |
Delivery required. Recorded land: registry of deeds for county/district; acknowledgment/proof required, but no universal certificate companion. Registered land: registration with assistant recorder is the operative conveyance (c. 183, §§ 1, 4, 29; c. 185, § 57) |
Good-faith value dealer without knowledge has no inquiry duty; certifications/certificates can bind trust property. Record-appearing-trustee instrument binds despite unrecorded trust changes; ordinary unrecorded deed loses to outsiders without actual notice (§§ 1012–1013; c. 183, § 4; c. 184, §§ 34–35) |
| Michigan verified 2026-08-13 | Michigan Trust Code, MCL Article VII, plus land-conveyance and recording statutes in Chapter 565; outbound sale or in-kind distribution by an inter vivos-trust trustee |
Without court authorization, trust-conferred and owner-level powers plus sale/disposition, exchange, distribution, and instrument powers; trust terms generally control and fiduciary duties remain (MCL 700.7105, .7816–.7817) |
Cotrustees act by majority; trustee-only delegation needs 28-day beneficiary notice. Trust director can control and directed trustee must comply absent collusion/fraud. Separate trustees act by allocated function but are cotrustees for transferring title (MCL 700.7703, .7703a–.7703b) |
Authorized arm's-length deed needs no ordinary court order; substantially conflicted transaction is voidable unless trust/statute, noticed court approval, limitations, consent/ratification/release, or pre-trust contract applies (MCL 700.7802, .7816) |
Deed signed by titled trustee; current statute has no witness requirement, physical seal is unnecessary, and acknowledgment is required for recording (MCL 565.1, .8, .47, .241) |
Name record-title trustee as grantor and state fiduciary capacity consistently in signature and acknowledgment. Separate trustees share title-transfer treatment; certificate identifies trust and current trustees (MCL 565.201; 700.7703b, .7913) |
Optional affidavit-form certificate states trust/instrument dates, all current trustees, transaction-specific powers, revocability, and cotrustee authority; targeted excerpts may be demanded. If used for realty, include legal description (MCL 700.7913; 565.431) |
Record with county register of deeds; acknowledgment and statewide content/format rules apply. Trust instrument or legal-description certificate may accompany deed and, if it does, is separately recorded; neither is universally mandatory under MCL 565.431/.434 |
Good-faith value dealer without knowledge gets no-inquiry protection; certificate reliance binds trust property and unauthorized full-trust demand carries damages/fees. Recorded certificate gets good-faith-purchaser protection; unrecorded deed loses to later good-faith value purchaser who records first (MCL 700.7912–.7913; 565.29, .435) |
| Minnesota verified 2026-08-13 | Minnesota Trust Code plus conveyance, acknowledgment, and recording statutes; outbound sale or distribution by acting inter vivos-trust trustee (Minn. Stat. §§ 501C.0105, .0201-.0202, .0703, .0808, .0815-.0816, .1012-.1014; 358.50; 507.01, .091-.092, .24, .34; 513.04) |
No ordinary court authorization: trust-conferred powers plus owner-equivalent and proper management/distribution powers unless trust limits them. Express public/private cash-or-credit sale, exchange/partition, distribution, and instrument-signing powers (Minn. Stat. §§ 501C.0105, .0815-.0816) |
Cotrustees unable to agree unanimously may act by majority; remaining trustees may act on vacancy, and prompt-action rule covers an unavailable cotrustee. Trust may give investment adviser sale/encumbrance control or distribution adviser distribution control; excluded fiduciary follows direction/consent allocation (Minn. Stat. §§ 501C.0703, .0808) |
No universal preapproval for authorized arm's-length deed. Court may confirm or instruct and may authorize disposition despite contrary trust terms. Conflicted transaction is voidable unless trust-authorized, court-approved, timely unchallenged, beneficiary-approved, or pre-trustee (Minn. Stat. §§ 501C.0201-.0202, .0802) |
Written conveyance subscribed by trustee; statutes impose no subscribing-witness or seal requirement. Acknowledgment and original signatures are recording conditions; representative-capacity acknowledgment is recordable without further authority inquiry (Minn. Stat. §§ 513.04; 507.24; 358.50, .52) |
Identify record-title holder as trustee grantor and acknowledge in representative capacity. An earlier deed merely naming a grantee 'trustee' may fail to give trust-beneficiary notice unless powers and beneficiary are stated or incorporated by recorded reference (Minn. Stat. §§ 358.50, .52; 507.35) |
Optional certificate: settlor or trustee signs under oath; realty use adds every settlor/original trustee and exact authority/limits statement; may be recorded. Optional inter vivos trustee affidavit proves transaction authority, requisite trustees, trust status, amendments, and court approval (Minn. Stat. §§ 501C.1013-.1014; 2026 Minn. Laws ch. 45) |
Record with county recorder or registrar of titles where land lies; acknowledgment, drafter name/address, and tax-statement recipient are statewide recording items. Sale above $3,000 requires value certificate; qualifying deeds require well statement/certificate. Certificate/affidavit of trust is optional (Minn. Stat. §§ 507.091-.092, .24, .34; 272.115; 103I.235; 501C.1013-.1014) |
Good-faith value buyer without knowledge receives no-inquiry protection. Recorded certificate is prima facie proof with reliance until actual notice; affidavit proof is conclusive except to direct party with contrary actual knowledge. Race-notice protects later good-faith buyer recording first (Minn. Stat. §§ 501C.1012-.1014; 507.34) |
| Mississippi verified 2026-08-13 | Mississippi Uniform Trust Code, Miss. Code Ann. ch. 91-8, plus Titles 89 conveyance/recording rules; outbound sale, encumbrance, or distribution by an inter vivos-trust trustee |
Without court authorization: trust powers, owner-equivalent powers unless limited, proper management/distribution powers, and express sale, mortgage, realty-development, distribution, and instrument powers; fiduciary duties govern exercise (§§ 91-8-815-.816) |
After consultation among all cotrustees, failed unanimity permits majority action; vacancy, temporary-unavailability, delegation, dissent, and serious-breach rules also apply. Trust terms may give an adviser/protector binding disposition, mortgage, investment, distribution, or other management power (§§ 91-8-703, -1201, -1204, -1205) |
No universal preapproval for an authorized arm's-length deed. A personal-account or conflicted sale/encumbrance is voidable unless trust-authorized, court-approved, timely unchallenged, beneficiary-consented/ratified/released, or within the pre-trustee-contract exception (§§ 91-8-802, -815) |
Land conveyance must be written, signed, and delivered. Acknowledgment or proof, duly certified, is required for the ordinary recordability route; representative-capacity and subscribing-witness proof forms are supplied. No universal deed-witness or trustee-seal mandate appears (§§ 89-1-3, 89-3-1, 89-3-7) |
Realty may be titled in the trust name and conveyed in that name or by the trustees as trustees. Otherwise use the record-title trustee as grantor and disclose representative capacity; certification states acting trustees, signature authority, and title-taking name (§§ 91-8-407, -1013) |
Optional certification instead of the trust instrument; ten content items, transaction-relevant powers, conditional successor/TIN details, signature-authority signers, and notary attestation. Dispositive terms and full/excerpt production are not mandatory (§ 91-8-1013) |
Delivery is part of the conveyance rule. Record with the chancery clerk of the county where land lies for purchaser/creditor priority; acknowledgment/proof is the ordinary admission route. Neither certification nor an earlier trust memorandum is a universal deed companion (§§ 89-1-3, 89-3-1, 89-5-1; § 91-8-407) |
Good-faith value dealer without actual knowledge is protected and need not inquire; good-faith asset recipient need not police application. Certification facts may be assumed without actual knowledge of error, with statutory trust-share indemnity; recording controls protection against later value purchasers without notice and creditors (§§ 91-8-1012-.1013; § 89-5-1) |
| Missouri verified 2026-08-13 | Missouri Uniform Trust Code + Chapter 442 deed/recording law; outbound sale, exchange, or in-kind distribution by an inter vivos-trust trustee (§§ 456.8-815–816; 442.020, .130, .380) |
Court-free trust-conferred and owner-equivalent powers; express divided/undivided public/private cash/credit sale, exchange/partition, proportional or nonproportional distribution, and instrument powers. Trust limits and fiduciary duties control (§§ 456.8-815–816) |
Cotrustees act by majority; vacancy, unavailability, delegation, dissent, and breach-prevention rules apply. Express trust-protector powers can direct/consent/disapprove sale or other decisions; trustee carries written in-scope directions (§§ 456.7-703, 456.8-808) |
No ordinary preapproval. Personal-account/conflicted transaction is voidable unless trust-authorized, court-approved, time-barred, consented/ratified/released, or pre-trusteeship; special-fiduciary and breach remedies available (§§ 456.8-802, 456.10-1001) |
Written deed subscribed by trustee-grantor or lawful agent and acknowledged or proved/certified; ordinary acknowledgment needs no witness or seal, and deed law says no other act or ceremony. Proof is an alternative authentication route (§§ 442.020, .130, .150) |
Identify record-title trustee as grantor and disclose fiduciary capacity to preserve the qualified contract-liability rule; natural-person grantor must state married/unmarried. No cited statewide rule requires beneficiaries or full trust terms in every deed (§§ 456.10-1010; 442.130) |
Optional certification instead of trust; 8 fact groups including TIN, signed by all trustees, recipient may require acknowledgment/guarantee and limited trustee/power excerpts. No certification-specific recording rule (§ 456.10-1013) |
Record acknowledged/proved deed with county recorder where land lies; married/unmarried statement is statewide. No universal certification, trust, excerpt, consent, or court-order companion appears in cited law (§§ 442.130, .380–.400) |
Good-faith value dealer without knowledge has no power-inquiry duty; certification reliance can bind trust property. Recording gives constructive notice; unrecorded deed binds parties and actual-notice persons only. Beneficiary avoidance/tracing remedies remain subject to third-party protection (§§ 456.10-1001, -1012–1013; 442.390–.400) |
| Montana verified 2026-08-13 | Montana Uniform Trust Code, Uniform Directed Trust Act, and real-property transfer and recording statutes; outbound sale or in-kind distribution by an acting inter vivos-trust trustee (MCA §§ 72-38-105, -815 to -816, 72-40-102, -110 to -116, 70-20-101, 70-21-102 to -304) |
No ordinary court authorization: trust-conferred powers and, unless limited, owner-equivalent administration powers. Express cash/credit public/private sale, exchange, partition, in-kind distribution, and instrument-signing powers; fiduciary duties remain (MCA §§ 72-38-105, -815 to -816) |
Failed unanimity permits cotrustee majority; vacancy, unavailability, delegation, dissent, and breach-prevention rules apply. Trust terms may grant a director transaction authority; directed trustee must take reasonable action to comply unless that would be willful misconduct (MCA §§ 72-38-703; 72-40-102, -110, -113, -116) |
No universal preapproval for an authorized arm's-length deed. Own-account or conflicted sale is voidable unless trust-authorized, court-approved, timely unchallenged, beneficiary-approved, or pre-trusteeship; court may appoint a special fiduciary, and a doubtful directed trustee may seek instructions (MCA §§ 72-38-802, -815; 72-40-113) |
Real-property interest requires a writing subscribed by the transferring party or written-authorized agent. No statewide subscribing-witness or seal requirement stated for validity; acknowledgment or notarized subscribing-witness proof is required before recording (MCA §§ 70-20-101, 70-21-102, -203; 1-5-602) |
Use the record-title holder and identify the signer as trustee in representative capacity. The surveyed statutes prescribe no universal trust-name, date, settlor, or beneficiary recital in the deed; acknowledgment confirms proper representative authority and the act of the identified person or entity (MCA §§ 70-20-101, 70-21-203; 1-5-602) |
Certification is optional: seven information groups, any-trustee authentication, requested acknowledgment for recording, and targeted trustee/power excerpts. It states relevant powers and cotrustee authority but does not create missing power (MCA § 72-38-1013) |
Unrecorded instrument is valid between parties and persons with notice. To record: acknowledgment or proof, Realty Transfer Certificate, and filing with county clerk where land lies; certification is not a universal companion document (MCA §§ 15-7-305, 70-21-102, -203, -208; 7-4-2613) |
Good-faith value nonbeneficiary without knowledge is protected and need not investigate power or proceeds. Certification reliance separately supports fact assumption and enforcement; recording gives constructive notice, and a later good-faith value taker wins only by recording first (MCA §§ 72-38-1012 to -1013, 70-21-302, -304) |
| Nebraska verified 2026-08-13 | Nebraska Uniform Trust Code, §§ 30-3801 to 30-38,115; Uniform Directed Trust Act, §§ 30-4301 to -4319; Chapters 76 and 40 conveyance/recording rules; outbound inter vivos-trust sale, encumbrance, or distribution |
Without court authorization: trust powers, owner-equivalent powers unless limited, management/distribution powers, and express sale, mortgage, realty-development, distribution, and instrument powers; fiduciary duties govern exercise (§§ 30-3880,-3881) |
Cotrustees unable to reach unanimity act by majority, plus § 30-901 independent action and vacancy/unavailability/delegation/dissent rules. Trust terms may grant director investment, management, distribution, administration, amendment, reformation, or termination power; directed trustee follows unless compliance is willful misconduct (§ 30-3859; §§ 30-4302,-4306,-4309) |
No universal preapproval for authorized arm's-length deed. Personal-account or conflicted sale/encumbrance is voidable unless trust-authorized, court-approved, timely unchallenged, beneficiary-consented/ratified/released, or within pre-trustee-contract exception (§§ 30-3867, 30-3880) |
Deed signed by lawful-age grantor; acknowledgment or proof supplies recordability, no universal deed-witness requirement, and private seals abolished. Married homestead conveyance ordinarily needs execution and acknowledgment by both spouses (§§ 76-211,-212,-216; § 40-104) |
Use record-title trustee as grantor and disclose fiduciary capacity. Certification may state acting trustees, powers/restrictions, cotrustee action, and title form, but all acting trustees sign the certification. Homestead and agent authority require separate review (§§ 30-38,102,-103; §§ 40-104, 76-204) |
Optional certification; recipient need not accept it alone. It is an affidavit signed and acknowledged by all acting trustees, with permissive 11-item contents plus mandatory accuracy/signature statements; copies or excerpts establishing trustee/power may be required (§§ 30-38,102 to -106) |
Delivery makes deed operative; record with county register of deeds. Every grantee recording a deed files the Tax Commissioner statement or recorder refuses. Documentary stamp tax at current § 76-901 rate unless deed facially/documents § 76-902 exemption; certification is not universal companion (§§ 76-214,-237; §§ 76-901,-902) |
Good-faith value dealer without knowledge is protected and need not inquire; certification gives no-knowledge reliance but recipient may refuse certificate-only reliance. Deed valid between parties, but later good-faith no-notice purchaser/creditor recording first prevails (§ 30-38,101; §§ 30-38,105,-106; § 76-238) |
| Nevada verified 2026-08-13 | Nevada's distinct trust statutes in NRS chs. 163-164 plus chs. 111, 247, and 375 conveyance/recording rules; outbound sale, encumbrance, or distribution by inter vivos-trust trustee |
Trust/law/court powers; title in trustee's name carries sale, conveyance, and encumbrance power unless the deed into trust specifically limits it. Incorporated powers include court-free sale, fee-simple conveyance free of trust, distribution, and instruments (§§ 163.023, .260, .270, .395, .410; § 164.067) |
Unless trust/order changes it: two trustees act unanimously; 3+ act by majority, with court instructions on impasse. Investment adviser may bind others on sale/encumbrance; nonprorata distribution needs affected-beneficiary consent unless trust or other law authorizes it (§§ 163.027, .110, .5548-.5557) |
No universal court supervision for ordinary administration. Sale to/from trustee, affiliate, specified insiders, relatives, employer, partner, or business associate needs prior court approval unless trust-authorized or all beneficiaries consent (§§ 163.050, 164.015(7)) |
Written deed signed by record-title trustee; conveyance must be acknowledged or proved and certified. Ordinary deed sections state no subscribing-witness mandate; seal matters to an authorized officer's certificate where law requires one (§§ 111.105, .205, .240, .310) |
Title-based power applies when property is in trustee's name; use the record-title trustee as grantor in fiduciary capacity. Certification may state current trustees, power restrictions, cotrustee action rule, and title form (§§ 164.067, 164.410, 164.420) |
Optional certification instead of full trust; acknowledged affidavit signed by every current trustee, with two mandatory accuracy/signature statements. Recipient may demand only trustee-designation and pending-transaction-power excerpts (§§ 164.400, 164.410, 164.420) |
Record acknowledged/proved deed with county recorder where land lies for third-party notice; deed remains binding between parties without recording. Each deed presented for recordation must include the Nevada Tax Commission declaration of value (§§ 111.315-.320; § 247.120; § 375.060) |
Certification reliance without knowledge permits no-inquiry assumption and binds trust assets unless recipient knows trustee exceeds scope. Good-faith third party need not police application; race-notice protects later value purchaser recording first (§§ 163.270(2), .580; §§ 164.430-.440; § 111.325) |
| New Hampshire verified 2026-08-13 | New Hampshire Trust Code plus realty-conveyance statutes; outbound sale or in-kind distribution by an acting inter vivos-trust trustee (RSA §§ 564-B:1-105, :8-815 to -816; 477:1, :3 to :3-a, :25 to :25-a) |
No ordinary court authorization: trust-conferred powers and, unless limited, owner-equivalent and administration powers. Express public/private cash/credit sale, exchange, partition, in-kind distribution, and instrument-signing powers (RSA §§ 564-B:8-815 to -816) |
Failed unanimity permits cotrustee majority; vacancy, unavailability, delegation, dissent, and information-sharing rules apply. Trust terms may divide powers or require direction/consent; an agreement of qualified beneficiaries or court order may also confer a power to direct (RSA §§ 564-B:7-703, :7-711 to -712, :8-808) |
No universal preapproval for an authorized arm's-length deed. Court may give instructions; own-account or conflicted sale is voidable unless trust-authorized, court-approved, timely unchallenged, beneficiary-approved, or pre-trusteeship (RSA §§ 564-B:2-201, :8-802, :8-815) |
Grantor signs and acknowledges before a justice, notary, or commissioner; no subscribing-witness requirement and no seal required. Grantee mailing address must appear (RSA §§ 477:1, :3, :7) |
Trustees hold legal title and power to convey under the trust. A deed naming the trust as grantor is treated as made by the persons who sign in expressly denoted trustee capacity; New Hampshire trusts are not recognized as title-holding entities in their own names (RSA §§ 477:25 to :25-a) |
Ordinary eight-field certification is optional; any trustee authenticates and recipient may demand trustee-designation and transaction-power excerpts. Alternative realty certificate uses deed formalities and county recording and conclusively establishes conveyance power absent actual contrary knowledge (RSA § 564-B:10-1013) |
Duly executed and delivered statutory deed takes effect as stated; deed must be recorded in each county registry where land lies, and acknowledgment is the ordinary recording formality. No universal trust/order companion, but the special realty certificate must be recorded to gain its conclusive effect (RSA §§ 477:3-a, :27 to :28; 564-B:10-1013(k)) |
Good-faith value buyer without knowledge gets no-inquiry protection; ordinary certification can bind trust property. Unrecorded deed is ineffective against a bona fide purchaser for value; recorded special realty certificate conclusively establishes power absent actual contrary knowledge (RSA §§ 564-B:10-1012 to -1013; 477:3-a, :25-a(I)) |
| New Jersey verified 2026-08-13 | New Jersey Uniform Trust Code, Title 3B fiduciary protections, and Title 46 recording law; outbound sale or distribution by an inter vivos-trust trustee |
Without court authorization, trust-conferred powers plus unmarried-owner and proper investment, management, and distribution powers; trust terms generally control and fiduciary duties remain (N.J.S. 3B:31-5, -69) |
Cotrustees may use majority only after inability to reach unanimity; prompt written dissent protects a joining dissenter. Revocable settlor may direct contrary to trust; other direction is written, and investment adviser may control sale decisions (N.J.S. 3B:31-48, -61 to -62) |
No ordinary order for an authorized arm's-length deed; conflicted sale is voidable unless trust authorization, court approval, limitations, informed consent/ratification/release, or pre-trust contract applies (N.J.S. 3B:31-55, -69) |
Recordable deed bears the maker's signature and is acknowledged or proved; subscribing witness is an alternative proof route, not a universal witness mandate. No execution seal is required (N.J.S. 46:14-2.1; 46:26A-3) |
Use the record-title trustee as maker and disclose fiduciary capacity consistently. A certification, if used, states current trustee, settlor, powers, and the name in which trust-property title may be taken (N.J.S. 3B:31-79, -81) |
Optional certification has seven subjects, is signed by all current trustees, disclaims material change, and omits dispositive terms; recipient may require only trustee-designation and transaction-power excerpts (N.J.S. 3B:31-81) |
Record in the county recording office where the land lies; deed must meet statewide signature, acknowledgment/proof, names, parcel, preparer, and grantee-address prerequisites. No universal trust instrument or certification companion (N.J.S. 46:26A-3, -6) |
Good-faith value dealer is protected and need not inquire merely because the seller is a fiduciary; certification may be relied on absent known error. Recording gives notice and first-recorded priority against protected later parties (N.J.S. 3B:14-37; 3B:31-81; 46:26A-12) |
| New Mexico verified 2026-08-13 | New Mexico Uniform Trust Code, Chapter 46A; Uniform Directed Trust Act, including §§ 46-14-2, -6, and -9; Chapters 47, 40, 14, and 7 conveyance/recording rules; outbound inter vivos-trust sale, encumbrance, or distribution |
Without court authorization: trust powers, owner-equivalent powers unless limited, management/distribution powers, and express sale, mortgage, realty-development, distribution, and instrument powers; fiduciary duties govern exercise (§§ 46A-8-815-.816) |
Co-trustees unable to reach unanimity act by majority, subject to vacancy, unavailability, delegation, dissent, and serious-breach duties. Trust terms may grant director investment, management, distribution, or administration power; directed trustee follows unless compliance is willful misconduct (§ 46A-7-703; §§ 46-14-2, -6, -9) |
No universal preapproval for authorized arm's-length deed. Personal-account or conflicted sale/encumbrance is voidable unless trust-authorized, court-approved, timely unchallenged, beneficiary-consented/ratified/released, or within pre-trustee-contract exception (§§ 46A-8-802, -815) |
All realty conveyances subscribed by transferor or legal agent/attorney; no universal witness mandate, and seal unnecessary. Duly acknowledged/notarized instrument is the recording route (§§ 47-1-5,-6; § 14-8-4) |
Use record-title trustee as grantor and disclose fiduciary capacity. Certification states acting trustee/address, co-trustee authority, title manner, TIN, and any transaction-agent delegation statement. Spouses must join covered community/cotenant realty conveyance (§ 46A-10-1013; § 40-3-13) |
Optional nine-item certification to nonbeneficiary; any trustee authenticates. Realty recipient may require trustee acknowledgment so certification can be recorded; targeted trustee/pending-power excerpts may be required (§ 46A-10-1013) |
Record acknowledged deed with county clerk where land lies. Agent authority to convey must itself be acknowledged, certified, filed, and recorded. Residential deed triggers assessor affidavit within 30 days unless § 7-38-12.1(D) exemption applies (§§ 47-1-7, 14-8-4, 14-9-1, 7-38-12.1) |
Good-faith value dealer without knowledge is protected and need not inquire; certification supports no-knowledge reliance and good-faith enforcement. Recording gives world notice; unrecorded deed does not affect good-faith purchaser/mortgagee or judgment creditor without knowledge (§§ 46A-10-1012-.1013; §§ 14-9-2,-3) |
| New York verified 2026-08-13 | EPTL articles 7, 10, and 11 plus Real Property Law conveyance and recording rules; ordinary outbound sale or distribution by an acting trustee of an express inter vivos trust (EPTL §§ 7-2.1, 7-2.4, 10-10.7, 11-1.1; RPL §§ 243-244, 290-291, 298, 309-a, 333) |
Unless a court order or the trust instrument limits it, an express-trust trustee may sell trust-owned property at public/private sale on advantageous terms, mortgage it, make in-kind distribution, and execute deeds; specifically disposed property is outside the default sale power (EPTL § 11-1.1(a), (b)(5), (17), (22), (c)-(d)) |
Trust terms control. A joint power held by 3+ fiduciaries defaults to majority (or majority/survivor); a power held by 2 is joint or exercisable by the survivor. Absent/disabled or promptly written-dissenting fiduciary gets limited majority-decision protection but cannot avoid failure-to-administer/prevent-breach liability (EPTL § 10-10.7) |
No universal preapproval for an authorized arm's-length deed. A prohibited sale power can exist with Surrogate approval for SCPA § 1902 purposes, and the court may authorize another necessary administration power. A transaction contrary to an expressed trust is void unless authorized by law; prudent administration duties remain (EPTL §§ 7-2.4, 11-1.1(b)(5)(E), (c), 11-2.3) |
Grant must be subscribed by record-title trustee or written agent and delivered. If acknowledged before delivery, no witness is required; otherwise one attesting witness is needed to protect against later purchasers/encumbrancers until acknowledgment. Acknowledgment or proof permits recording; no deed-seal rule stated (RPL §§ 243-244, 291, 298, 309-a) |
Ordinary express trust vests legal estate in trustee, so identify the titled trustee as grantor and sign in trustee capacity; RPL acknowledgment form recognizes a person acting for a trust or in representative capacity. The special trust-name title route in EPTL § 7-2.1(c) is for listed statutory/business trusts, not an ordinary living trust |
No general certification/abstract/memorandum statute in current EPTL article 7, so no statutory contents, acceptance duty, excerpt right, or reliance rule. Recipient/title practice may request the trust or appointment evidence privately, but no certification is a universal deed companion |
Delivery vests the conveyed interest. Record acknowledged/proved deed with county clerk or applicable register; statewide RPL § 333 requires party residences, property locality, and either Tax Department receipt or prescribed transfer report and fee. No trust certification/order is universally required with an independently authorized deed |
Expressed-trust contravention is void under § 7-2.4, so purchaser protection is not universal. Undisclosed/implied trust does not defeat a value purchaser without notice (§ 7-3.2); good-faith transferee paying trustee is protected from misapplication (§ 7-3.3); race-notice protects a later good-faith value purchaser recording first (RPL § 291) |
| North Carolina verified 2026-08-13 | North Carolina Uniform Trust Code, Chapter 36C, plus deed and registration rules in Chapters 22, 47, and 161; outbound sale or in-kind distribution by an inter vivos-trust trustee |
Without ordinary court authorization, trustee has trust-conferred and owner-level powers plus express sale, exchange, realty-conveyance, distribution, and instrument powers, except as trust terms limit them (G.S. 36C-8-815, -816) |
Exactly two cotrustees require unanimity; more than two may act by majority only after inability to agree unanimously. Revocable settlor always may direct or consent, and the trust may allocate exclusive power (G.S. 36C-7-703, -8-808) |
Authorized arm's-length deed needs no routine order; conflicted transaction is voidable unless trust authorization, court approval, limitations, consent/ratification/release, or pre-trust contract applies (G.S. 36C-8-802, -8-815, -8-816(30)) |
Land-conveyance agreement must be written and signed. Before registration, deed must be acknowledged by executor or signature proved by one or more witnesses; trustee-capacity acknowledgment form is authorized. No separate subscribing-witness or seal mandate identified (G.S. 22-2, 47-17, 47-38) |
Use the record-title trustee as grantor and identify fiduciary capacity; G.S. 47-38 expressly covers an individual acting as trustee, and a certification states the manner of taking title. No universal trust-name, date, settlor, or beneficiary recital identified |
Certification is optional and may state trustee powers, cotrustee authority, and title manner; recipient may demand trustee-designation and transaction-power excerpts. Realty recipient may require acknowledged, registerable form (G.S. 36C-10-1012(f), -10-1013) |
Register in each county where land lies; acknowledgment or witness-proof precedes registration. Registered deed passes title without livery or other ceremony; no trust certification, excerpts, or appointment evidence is universally required by cited statewide statutes (G.S. 47-17, -18; 161-14) |
Good-faith value dealer without knowledge gets no-inquiry protection even without certification; certification reliance may bind trust property. Registration priority runs by time against lien creditors and purchasers for value (G.S. 36C-10-1012, -1013; 47-18) |
| North Dakota verified 2026-08-13 | N.D.C.C. chs. 59-09 to -19 and 47-09, -10, -19 govern trust authority, deed effect, recording, and third-party protection for an outbound trustee conveyance |
Without court authorization, trustee has trust-conferred and owner-equivalent powers and may sell, exchange, partition, mortgage, distribute in kind, and sign useful instruments; trust terms and fiduciary duties control (§§ 59-09-05, 59-16-15 to -16) |
Cotrustees seek unanimity; if unable to agree, majority may act. Vacancy, unavailability, urgent action, delegation, dissent, and breach-prevention rules apply. Investment direction may be reserved by the trust (§§ 59-15-03, 59-18-10(4)) |
No ordinary preapproval or continuing supervision; conflicted transaction is voidable unless trust-authorized, court-approved, time-barred, properly consented to/ratified/released, or based on a pre-trustee contract or claim (§§ 59-10-01, 59-16-02) |
Written instrument subscribed by trustee and delivered; no witness or seal needed for validity. Recording requires acknowledgment or statutory witness/handwriting proof (§§ 47-09-06, 47-10-01, 47-10-05, 47-19-03) |
Identify trustee grantor, beneficiary, and nature of trust clearly; otherwise representative words become surplusage. Trustee holding title is presumed able to convey unless recorder records show restrictions (§§ 47-09-12, 47-10-26) |
Certification is optional; it reports trust/status/power/cotrustee facts, may be authenticated by any trustee, and permits only trustee-and-transaction-power excerpts. It does not create missing authority (§ 59-18-13) |
Delivery vests the intended interest. Record with county recorder where land lies after acknowledgment/proof; show grantee address, obtain auditor certificate unless exempt, and put consideration or exemption certification on deed (§§ 47-09-06, 47-19-03, -05, -07; 11-18-02, -02.2) |
Good-faith value purchaser without knowledge gets trustee no-inquiry protection; certification can bind trust property. Unrecorded deed binds parties/notice takers but loses to a later good-faith value purchaser recording first (§§ 59-18-12 to -13, 47-19-41, -46) |
| Ohio verified 2026-08-13 | Ohio Trust Code, R.C. Chapters 5801–5811; deed/recording rules in R.C. Chapter 5301; outbound sale or in-kind distribution by living-trust trustee |
No ordinary court order: owner-level, sale/exchange, distribution, and instrument powers, except as trust terms limit them (R.C. 5808.15–.16) |
Three or more cotrustees act by majority; vacancy and urgent-unavailability rules apply. Trust may reserve direction/approval power (R.C. 5807.03; 5808.08; 5815.25) |
Arm's-length authorized deed needs no routine approval; conflicted transaction is voidable unless trust/statute, court approval, limitations, consent/ratification/release, or pre-trust contract applies (R.C. 5808.02) |
Deed signed by grantor-trustee and acknowledged before authorized officer; no current subscribing witnesses or statutory seal (R.C. 5301.01) |
Use titled trustee as grantor in representative capacity. Recorded deed is not defective solely because trustee signed individually; trust-as-grantor cure requires property-specific memorandum (R.C. 5301.071(D)–(E)) |
Optional certification may state power and cotrustee authority; recipient may demand trustee-designation and transaction-power excerpts. Separate acknowledged memorandum is mandatory for disclosed-trust conveyance (R.C. 5810.13; 5301.255) |
County auditor transfer/value-or-exemption statement, then county recorder. Deed and qualifying memorandum must be of record; memorandum lists trustee, trust date, realty power/restrictions (R.C. 319.20, .202; 5301.25, .255) |
Good-faith value purchaser without knowledge gets no-inquiry protection; certification reliance can bind trust property. Unrecorded deed loses to later bona fide purchaser without knowledge (R.C. 5810.12–.13; 5301.25) |
| Oklahoma verified 2026-08-13 | Oklahoma UTC, compatible Oklahoma Trust Act, Uniform Directed Trust Act, and Title 16 deed law govern an inter vivos trustee's sale or distribution; current UTC took effect 2025-11-01 and trust authority remains distinct from deed form and recording |
Without court authorization, trustee has trust-conferred and owner-equivalent powers; may sell, exchange/partition, mortgage or pledge, distribute divided/undivided and proportionately/disproportionately, and sign useful instruments. Trust limits and fiduciary duties control (§§ 1608.14-.15) |
Cotrustees unable to agree unanimously may act by majority; vacancy, unavailability, delegation, dissent, and serious-breach rules apply. Trust may grant director power; directed trustee reasonably complies unless that would be willful misconduct (§§ 1607.3, 1206, 1209, 1212) |
No ordinary preapproval. Personal-account or conflicted sale/encumbrance is voidable unless trust-authorized, court-approved, time-barred, consented/ratified/released, or pre-trusteeship; court may appoint special fiduciary and grant breach remedies (§§ 1608.2, 175.57) |
Deed must be written and subscribed by grantor; no subscribing witness is necessary. Acknowledgment is unnecessary between parties but required for effective recording; no universal seal rule appears in the cited deed provisions (16 O.S. §§ 2, 4, 15, 26) |
If title is in express trust's legal-entity name, conveyance is made in that trust's name by its trustee or trustees; otherwise identify record-title trustee and fiduciary capacity. Capacity disclosure limits personal contract liability (§§ 175.6a, 175.57(H), 1609.5) |
Optional 8-subject certification plus no-inaccurate-change statement; any trustee authenticates, and recipient may demand trustee-designation and pending-transaction-power excerpts. Trust TIN is mandatory; no certification-specific oath, notary, or universal recording rule (§ 1609.7) |
Record acknowledged deed with county clerk; unrecorded deed remains valid between parties but not against third persons. If land is acquired or transferred in trust's own name, trustee must file county memorandum stating creation date and trustee names; certification is not universal companion (§ 175.6a; 16 O.S. §§ 15, 16, 26) |
Good-faith value dealer without knowledge is protected and need not inquire; certification reliance can bind trust property. Trust-name conveyance carries statutory capacity/authority presumption against a bona fide purchaser for value; recording gives constructive notice, while breach remedies remain subject to protected-dealer rights (§§ 175.6a, 175.57(I), 1609.7; 16 O.S. §§ 15-16) |
| Oregon verified 2026-08-13 | Oregon Uniform Trust Code (ORS ch. 130) plus ORS ch. 93 conveyancing and recording law govern an inter vivos trustee's sale or distribution; trust authority, deed execution, record title, certification, recording, and third-party protection remain separate |
Without court authorization, trustee has trust-conferred and owner-equivalent powers; may sell, exchange/partition, distribute cash or in kind and proportionately or disproportionately, and sign useful instruments. Trust limits and fiduciary duties control (ORS 130.720, 130.725) |
Cotrustees unable to agree unanimously may act by majority; vacancy, prompt-action unavailability, written delegation, dissent, and serious-breach rules apply. Settlor or trust-created direction powers may control; an adviser can direct/approve a sale only under a provision specifically invoking ORS 130.735 |
No ordinary preapproval. Personal-account or conflicted sale/encumbrance is voidable unless trust-authorized, court-approved, time-barred, consented/ratified/released, or pre-trusteeship; court may appoint a special fiduciary and grant breach remedies (ORS 130.655, 130.800) |
Real-property transfer requires a written deed subscribed and signed by the grantor; an Oregon-executed deed is acknowledged before an authorized officer. No seal or universal subscribing-witness execution requirement; witness proof is a separate alternative proof route (ORS 93.010, 93.020, 93.410) |
Use the record-title trustee as grantor and disclose trustee capacity. Omission of representative capacity from the title instrument alone does not impose personal liability; ORS 93.210 gives a special prima facie, later conclusive authority/title presumption for a deed from a trustee whose incoming deed disclosed no beneficiary |
Nonbeneficiary may require all trustees to sign a 10-subject certification plus no-inaccuracy statement; targeted trustee-designation and transaction-power excerpts may be required, but dispositive terms and the entire trust may not. No certification-specific notary or recording mandate (ORS 130.860) |
Acknowledged or properly proved deed is recordable with county clerk where land lies. Fee conveyance states true dollar consideration and statutory land-use notice; no universal rule makes a certification, trust instrument, adviser paper, or court order a deed companion (ORS 93.030, 93.040, 93.480) |
Good-faith nonbeneficiary dealer without knowledge is protected and need not inquire; actual-knowledge-free certification reliance can bind trust property. ORS 93.210 adds its undisclosed-beneficiary title presumption, while recording gives race-notice priority; breach remedies remain subject to third-party protection (ORS 130.800, 130.855, 130.860; ORS 93.210, 93.640) |
| Pennsylvania verified 2026-08-13 | Pennsylvania Uniform Trust Act, 20 Pa.C.S. ch. 77, plus unconsolidated deed/recording law; ordinary outbound sale or distribution by living-trust trustee (20 Pa.C.S. §§ 7705, 7763, 7771-7772, 7780.5-.6, 7780.20, 7790.2-.3, 7792, 7794; 21 P.S. §§ 351, 444) |
Unless trust terms or another Title 20 rule limits it, trustee has unmarried competent owner's powers without court approval through final distribution. Express public/private sale, mortgage, commercially reasonable realty acts, disproportionate in-kind distribution, and instrument execution powers (20 Pa.C.S. §§ 7705(a), 7780.5, 7780.6(a)(10), (15), (17), (31), (34)) |
Cotrustees unable to agree may act by majority; court may resolve no-majority disputes; remaining trustees act on vacancy/unavailability, subject to participation, fraud/self-dealing prevention, and dissent rules. Directed trustee reasonably complies with director unless willful misconduct; cotrustee duties are adjusted for directed powers (20 Pa.C.S. §§ 7763, 7778(e), 7780.20, 7780.23) |
No universal preapproval for authorized arm's-length conveyance. Court approval can cure a loyalty conflict or supply authority through incorporated § 3353; self/related-person dispositions are voidable unless trust-authorized, court-approved, time-barred, consented/ratified/released, or pre-trustee contract (20 Pa.C.S. §§ 7772, 7792) |
Signed written deed; acknowledgment or subscribing-witness proof is the statewide recording gate. Personal acknowledgment ordinarily avoids witness proof; no trust-code witness, notary, or seal rule changes deed validity between parties (21 P.S. §§ 351, 444; 20 Pa.C.S. § 7790.3 states no deed ceremony) |
Identify record-title trustee as grantor and sign in fiduciary capacity; certification can state acting trustee, address, powers, cotrustee authority, and manner of taking title. Chapter 77 does not make an ordinary living trust itself the titled grantor or prescribe a trust-date recital in every deed (20 Pa.C.S. § 7790.3(a)) |
Optional certification may replace full trust for nonbeneficiary: 8 contents including taxpayer ID and title manner; any trustee authenticates; no dispositive terms; recipient may require trustee/power excerpts. No general acknowledgment or recording requirement; bad-faith full-instrument demand creates damages (20 Pa.C.S. § 7790.3) |
Record acknowledged/proved deed with county recorder where land lies. Chapter 77 allows certified court proceedings affecting realty to be recorded but does not require certification, trust, or order with every independently authorized deed; county/tax forms remain separate (20 Pa.C.S. §§ 7790.3, 7792 incorporating § 3359; 21 P.S. § 351) |
Absent actual knowledge/bad faith, person may assume powers and proper exercise, need not inquire, and is protected; ultra-vires/improper-exercise challenge does not alone unwind act, though fraud, accident, mistake, self-dealing remain. Certification reliance binds trust; qualifying sale passes full trust title and buyer need not police proceeds (20 Pa.C.S. §§ 7790.2-.3, 7794) |
| Rhode Island verified 2026-08-13 | Selected Title 18 fiduciary powers plus Title 34 trust-realty and conveyance statutes; no comprehensive UTC or directed-trust chapter. Outbound sale, exchange, partition, or distribution by an acting inter vivos-trust trustee (R.I. Gen. Laws §§ 18-4-2, -4, -9 to -16; 34-4-27; 34-11-1) |
Unless trust says otherwise, full discretionary sale, lease, deed-partition, exchange, termination-allocation, and public/private cash/credit powers. Trust-specific sale power is subject to the creating instrument; Superior Court may authorize listed powers despite inconsistent terms when necessary or desirable (R.I. Gen. Laws §§ 18-4-2, -4) |
No general statutory majority or directed-trust rule in current Title 18. Unless instrument says otherwise, surviving trustee(s) may exercise a joint power after a vacancy; trust terms govern other cotrustee or adviser consent. Trustee-signed memorandum route requires every current trustee (R.I. Gen. Laws §§ 18-4-9; 34-4-27) |
No universal preapproval for a § 18-4-2 authorized sale. Superior Court may authorize a desirable trust-property transaction and can override possibly inconsistent terms on written application and directed notice; an authorized chapter transaction binds represented interests. Surveyed statutes state no general private-trust conflict safe-harbor list (R.I. Gen. Laws §§ 18-4-2(b), -10, -14) |
Conveyance over one year must be written, signed, acknowledged, delivered, and recorded, but delivery preserves validity between parties and persons with notice without acknowledgment/recording. No statutory witness requirement; no seal required; all executing parties ordinarily acknowledge (R.I. Gen. Laws §§ 34-11-1 to -2; 34-12-1) |
Trust realty is conveyed to the trustees, so use the record-title trustee(s) as grantor and state fiduciary capacity. Recordable deed must show grantee name and address; surveyed deed statutes state no universal trust-date, settlor, or beneficiary recital in the deed itself (R.I. Gen. Laws §§ 34-4-27(a), 34-11-1.2) |
No UTC certification. Record either amended/restated trust instrument or affidavit/memorandum executed by every settlor or every current trustee, with nine information groups and attached realty-power provisions; third party without actual contrary knowledge may rely (R.I. Gen. Laws § 34-4-27) |
Delivery makes deed effective between protected parties. Trustee transfer requires deed plus recorded trust instrument or statutory affidavit/memorandum in land-evidence records of city/town where land lies; later amendment/revocation must be recorded for third-party notice (R.I. Gen. Laws §§ 34-4-27, 34-11-1, 34-13-2) |
Good-faith payer/transferee to authorized fiduciary is not responsible for application, and acquired title is not invalid merely from fiduciary misapplication. Memorandum statements protect third party lacking actual contrary knowledge; recording gives constructive notice, while delivered deed binds parties and persons with notice (R.I. Gen. Laws §§ 18-4-5, -16; 34-4-27(b)-(c); 34-11-1; 34-13-2) |
| South Carolina verified 2026-08-13 | South Carolina Trust Code and Titles 12, 27, and 30 govern an outbound inter vivos-trustee sale or distribution; trust authority, deed execution, recordability, recording fee, priority, and reliance are separate |
Without court authorization, trustee has trust-conferred and owner-equivalent powers and may sell, exchange/partition, distribute in kind, and sign useful instruments; trust limits and fiduciary duties control (§§ 62-7-105, -815 to -816) |
Cotrustees unable to agree unanimously may act by majority; vacancy, unavailability, delegation, dissent, and breach-prevention rules apply. Trust may require directions or consent from a directing person, protector, or investment adviser (§§ 62-7-703, -808, -1005A to -1005B) |
No universal preapproval; administration ordinarily proceeds without court action. Personal-account or conflicted sale/encumbrance is voidable unless trust-authorized, court-approved, time-barred, consented/ratified/released, or predates trusteeship (§§ 62-7-201, -802, -1001) |
Fee-simple deed signed as a sealed instrument before two credible witnesses; warranty is optional and seal intent can replace attached seal. Recording accepts subscribing-witness proof, Uniform Recognition acknowledgment/affidavit, or grantor acknowledgment before officer and two witnesses (§§ 27-7-10 to -30; 30-5-30) |
Identify the record-title trustee as grantor in fiduciary capacity and preserve the trust/title description. Trust property should be designated so the trust interest appears in third-party records; certification states the manner of taking title (§§ 62-7-810, -1010, -1013) |
Optional seven-part certification plus no-inaccuracy statement; any trustee may authenticate, recipient may demand only trustee/power excerpts, and realty use requires recordable execution/acknowledgment. Optional statutory long form does not make all-trustee signing universal (§ 62-7-1013) |
Record in county register of deeds or clerk of court; deed carries grantee mailing address and usually derivation clause. Value affidavit is normally filed but recorder may waive it; fee or exemption notation depends on transaction. No universal certification attachment (§§ 30-5-35; 30-7-10; 12-24-10 to -70) |
Good-faith value purchaser without knowledge gets no-inquiry protection; good-faith certification reliance can bind trust property. Recording protects against later value purchasers/creditors without notice; breach remedies remain subject to purchaser protection (§§ 62-7-1001, -1012 to -1013; 30-7-10) |
| South Dakota verified 2026-08-13 | Title 55 trust-power, cotrustee, directed-trust, conflict, and certificate statutes plus Titles 18 and 43 deed, acknowledgment, and recording law govern outbound living-trust conveyance (SDCL 55-1A-11; 55-1B; 55-2-3; 55-4-3, -13, -50 to -56; 43-25-1, -25 to -26; 43-28-8, -14 to -17, -22) |
Trustee may acquire, sell, or otherwise dispose publicly/privately for cash/credit, manage, develop, exchange, partition, change, or abandon trust assets. Trust terms control the power; unauthorized good-faith disposal still creates loss liability rather than authority (SDCL 55-1A-11; 55-2-10; 55-4-2) |
Unless trust amendment or court order changes rule, both of 2 trustees act; majority of 3+ acts; necessary action may proceed through remaining trustee(s) when cotrustee cannot or fails to act. Instrument may allocate sale/encumbrance to investment adviser, distribution to distribution adviser, or binding powers to protector/excluded fiduciary (SDCL 55-4-3 to -5, -50; 55-1B-1 to -2, -5 to -6, -10 to -11) |
No universal court preapproval for ordinary authorized § 55-1A-11 sale. Adverse-interest transaction requires fully informed capable-beneficiary permission, circuit-court permission for an incapable beneficiary, both routes for mixed beneficiaries, or express trust authorization. Direct/indirect self or affiliate sale is prohibited unless instrument expressly authorizes (SDCL 55-2-3; 55-4-13, -31) |
Estate over 1 year transfers by written instrument subscribed by owner or written-authorized agent. No seal needed. Acknowledgment is ordinary recording route; if not acknowledged, proof by subscribing witness may qualify it. No fixed witness count for an acknowledged deed (SDCL 43-25-1, -25 to -26; 43-28-8; 18-4-1, -11) |
All transfers to or by a trust are construed as to or by fiduciary for administration; use titled fiduciary as grantor and disclose trustee capacity. Deed statutes state no universal trust-name/date/settlor recital. Recorded grantee supplies current legal mailing address; certificate may identify old/current trust names, trustor, original/current trustees, and property (SDCL 43-28-21 to -22; 55-4-51) |
Optional certificate instead of full trust; trustee, settlor, grantor, or trustor may sign and certify truth, with acknowledgment OR oath verification. Eight matter groups include trustees, powers, signer count, court supervision, and property. Recipient may demand trustee/power excerpts; realty form is statutory (SDCL 55-4-51, -51.3, -52) |
Record acknowledged/proved deed with county Register of Deeds where land lies; unrecorded deed remains valid between parties and persons with notice but loses to later good-faith value conveyance recorded first. Certificate recording is optional and no universal trust-certificate companion rule appears in surveyed statutes (SDCL 43-28-8, -14 to -17, -21 to -23; 55-4-51.1) |
Recorded certificate has full-instrument effect and is conclusive proof absent actual contrary knowledge. Certificate reliance is no-inquiry and a good-faith transaction binds trust property; bad-faith full-instrument demand yields damages. Recorded deed gives notice and race-notice priority (SDCL 55-4-51.1, -53 to -55; 43-25-3; 43-28-15, -17) |
| Tennessee verified 2026-08-13 | Tennessee Uniform Trust Code + Title 66 conveyance/recording law; outbound sale, exchange, or in-kind distribution by an inter vivos-trust trustee (§§ 35-15-105, 35-15-815–816; 66-5-103, 66-5-106) |
Court-free trust-conferred and owner-equivalent powers; express sale, exchange/partition, divided or undivided proportional or nonproportional distribution, and instrument powers. Trust terms generally control defaults (§§ 35-15-105, 35-15-815–816) |
Cotrustees unable to agree may act by majority; vacancy, unavailability, delegation, dissent, and breach-prevention rules apply. Trust terms, a nonjudicial settlement agreement, or an order may direct action; appointment powers may allocate exclusive powers (§§ 35-15-703, -716, -808) |
No ordinary preapproval. Personal-account/conflicted transaction is voidable unless trust-authorized, court-approved, time-barred, consented/ratified/released, or pre-trusteeship; special-fiduciary and breach remedies remain (§§ 35-15-802, 35-15-1001) |
Equivalent written conveyance form, maker's original signature, and either lawful acknowledgment or proof by 2 subscribing witnesses for recording; no universal seal requirement stated. Physical or compliant online appearance allowed (§§ 66-5-103, -106; 66-22-101–102) |
Identify the record-title trustee as grantor and disclose fiduciary capacity; the deed must recite the source from which the grantor received the equitable interest. No cited statewide rule requires settlor, beneficiaries, or full trust terms in every trustee deed (§§ 35-15-1010; 66-24-110) |
Optional notarized certification instead of the trust: 9 content groups, signed by trustee(s) with stated signatory authority; dispositive terms omitted, clarifying information may be demanded. Trust agreements/summaries are recordable, not universally required (§§ 35-15-1013; 66-24-101(a)(24)) |
Record authenticated deed with county register where land lies for third-party effect; include derivation, owner/taxpayer names-addresses, preparer name-address, and parcel ID/affidavit. New descriptions require a Tennessee-registered surveyor; no universal certification/order companion (§§ 66-5-105–106; 66-24-110, -114, -115, -122) |
Good-faith value dealer without knowledge is protected and has no power-inquiry duty; certification reliance receives statutory protection. Unregistered deed binds parties but loses to maker's creditors and bona fide purchasers without notice; beneficiary breach remedies remain (§§ 35-15-1001, -1012–1013; 66-26-101, -103) |
| Texas verified 2026-08-13 | Texas Trust Code plus Property Code conveyance and recording chapters; outbound sale or distribution by acting inter vivos-trust trustee (Tex. Prop. Code §§ 5.021, 11.001, 12.001, 13.001-.002, 113.001-.002, .010, .027, .053, .085, 114.081-.082, .086, 115.001) |
May contract to sell, sell and convey, or option realty at auction/private sale for cash, credit, or both; may distribute divided/undivided and proportionate/disproportionate shares. Trust, court order, or Code provision controls conflicts (Tex. Prop. Code §§ 113.001-.002, .010, .027) |
Cotrustees default to majority; remaining trustees act on vacancy. Participation required unless unavailable or validly delegated; prompt necessary action may proceed without unavailable trustee. Settlor-specific joint-performance direction controls delegation (Tex. Prop. Code § 113.085) |
No universal preapproval or continuing supervision. Court may determine/relieve powers when invoked. Direct or indirect trustee/affiliate/relative/business-associate purchase or sale is barred absent listed exception; specified corporate-insider sale needs court findings/order (Tex. Prop. Code §§ 113.053, 115.001) |
Deed must be written, subscribed, and delivered by trustee or written-authority agent; no seal rule. Record by acknowledgment/jurat or proof; grantor may use two credible subscribing witnesses or an authorized officer/notary (Tex. Prop. Code §§ 5.021, 12.001) |
Trust Code states no universal trustee/trust/date deed recital. If conveyance into trustee omitted trust identity and beneficiary names, trustee may later convey/encumber without challenge by undisclosed beneficiary; sign from record title in trustee capacity (Tex. Prop. Code § 114.082) |
Optional certification instead of full trust to nonbeneficiary; any trustee authenticates. Must state power/cotrustee/title facts and no-change representation; recipient may demand trustee-designation and transaction-power excerpts (Tex. Prop. Code § 114.086(a)-(e)) |
Delivery is part of conveyance. Record eligible instrument with county clerk where land lies; natural-person transfer needs statutory confidentiality notice. No universal certification/trust/order companion in cited statewide rules (Tex. Prop. Code §§ 5.021, 11.001, 11.008, 12.001) |
Good-faith fair-value dealer protected despite excess authority; nonbeneficiary with certification/trust copy need not inquire. Certification enforcement fails with prior actual knowledge; bad-faith full-trust demand yields damages. Unrecorded deed loses to creditor/later value purchaser without notice (Tex. Prop. Code §§ 114.081, 114.086(f)-(k), 13.001-.002) |
| Utah verified 2026-08-13 | Utah Uniform Trust Code, Utah Code title 75B ch. 2; Uniform Directed Trust Act, ch. 3; and titles 25/57 land law; outbound sale or distribution by inter vivos-trust trustee |
Without court authorization: trust-conferred and owner-equivalent powers; express sale, exchange/partition, mortgage/pledge, real-property acts, in-kind distribution, instrument execution, and conveyance in trust/trustee name. Trust limits and fiduciary duties control (§§ 75B-2-813–814) |
Cotrustees unable to agree may act by majority; vacancy, unavailability/failure-to-act, delegation, and dissent routes apply. Trust directors may hold direction powers; directed trustee complies unless that would be willful misconduct (§§ 75B-2-703, 75B-3-106, 75B-3-109) |
No ordinary preapproval. Personal-account/conflicted transaction voidable unless trust-authorized, court-approved, time-barred, consented/ratified/released, or pre-trusteeship; listed related parties trigger a conflict presumption (§ 75B-2-802) |
Real-property interest requires deed/conveyance in writing subscribed by transferor or written-authorized agent. Acknowledgment/proof/jurat/notarial certificate makes it recordable; no subscribing-witness or seal requirement (§ 25-5-1; § 57-3-101) |
Trustee may convey in trust name or trustee-as-trustee name. Every recorded document affecting trust realty must include trustee name/address and trust name/date; title to asset-protection trust adds statutory label (§§ 75B-2-814(3), 75B-2-816) |
Optional certification instead of full trust: 7 content groups, any-trustee authentication, no-inaccurate-change statement, targeted trustee-and-power excerpts, reliance. No TIN or certification-specific notary/recording mandate (§ 75B-2-1013) |
Record acknowledged deed with county recorder where land lies; include grantee/tax mailing address, legal description, original/e-record, caption, and legibility. No universal certification companion (§§ 57-3-101, 57-3-105–106) |
Good-faith value dealer without knowledge has no inquiry duty; certification reliance binds trust property. Undisclosed trust terms do not charge third parties, and trustee conveyance can be absolute for value purchaser without notice; Utah is race-notice (§§ 75B-2-816, 75B-2-1012–1013; §§ 57-3-102–103) |
| Vermont verified 2026-08-13 | 14A V.S.A. chs. 1-13 and 27 V.S.A. §§ 341-342 govern trust authority, directed action, deed form, municipal recording, and third-party effect |
Without Probate Division authorization, trustee has trust-conferred and owner-equivalent powers and may sell, exchange, partition, mortgage, distribute in kind, and sign useful instruments, subject to trust limits and fiduciary duties (14A V.S.A. §§ 105, 815-816) |
Cotrustees seek unanimity; if unable, majority may act. Joint-performance expectations limit delegation. Trust director may hold instrument-granted management/distribution power; directed trustee reasonably complies unless intentional misconduct (§§ 703, 1302, 1306, 1309) |
No ordinary preapproval or continuing supervision; conflicted transaction is voidable unless trust-authorized, court-approved, time-barred, properly consented to/ratified/released, pre-trustee, or consented to in writing by settlor while revocable (§§ 201, 802) |
Deed signed by trustee and acknowledged before notary; no witnesses or seal required. Unacknowledged/unrecorded deed binds only grantor and heirs against other persons (27 V.S.A. §§ 341-342) |
Identify trustee grantor and fiduciary capacity; 'trustee' or 'as trustee' after signature is prima facie fiduciary disclosure. Sworn certificate identifies each original/current empowered trustee (§§ 1010, 1013) |
Optional sworn certificate has nine transaction-focused items, including authority abstract, no-limitations and supervision statements; any trustee may authenticate. Recipient may demand only trustee-and-power excerpts (§ 1013) |
Record acknowledged deed at length in town clerk's office where land lies; survey companion applies when deed cites a post-1988 survey or changes boundaries. Certificate may be recorded but is not universal (§ 1013; 27 V.S.A. § 341) |
Good-faith value purchaser gets no-inquiry protection. Recorded certificate is conclusive subject to actual knowledge/change/full-instrument exceptions; unrecorded deed is ineffective against anyone except grantor and heirs (14A V.S.A. §§ 1012-1013; 27 V.S.A. § 342) |
| Virginia verified 2026-08-13 | Virginia Uniform Trust Code, Uniform Directed Trust Act, and Titles 11/55.1 conveyancing law; outbound sale or in-kind distribution by an inter vivos-trust trustee |
Without court authorization, trust-conferred and owner-level powers plus express sale, real-property conveyance, distribution, and instrument powers; trust limits and fiduciary duties remain (Va. Code §§ 64.2-703, -777 to -778) |
Cotrustees may use majority only after inability to reach unanimity; timely dissent protection. Trust director may hold power of direction; directed trustee complies unless doing so would be willful misconduct (Va. Code §§ 64.2-756, -779.29, -779.32) |
No ordinary order for authorized arm's-length conveyance; conflicted transaction voidable unless trust authorization, court approval, limitations, consent/ratification/release, or pre-trust contract applies (Va. Code §§ 64.2-764, -777) |
Deed and grantor signature; no physical seal needed. Acknowledgment or two-subscribing-witness proof is required to record, not for underlying validity; representative signature uses same route (Va. Code §§ 11-3, 55.1-101, -300, -600, -602, -612) |
Use record-title trustee as grantor and disclose trustee capacity consistently; doing so limits contract liability. Optional certification states current trustee and manner of taking trust-property title (Va. Code §§ 64.2-801, -804) |
Optional certification has eight subjects including taxpayer ID, may be authenticated by any trustee, and permits targeted trustee-and-power excerpts; no certification-specific notary or witness rule (Va. Code § 64.2-804) |
Record acknowledged or proved original-signature deed with circuit-court clerk for county or city where land lies; statewide indexing/first-page rules apply. No universal certification, trust instrument, or court-order companion (Va. Code §§ 17.1-223, 55.1-600) |
Good-faith value dealer without knowledge gets no-inquiry protection; certification reliance can bind trust property. Unrecorded deed loses to purchasers for value without notice and lien creditors (Va. Code §§ 64.2-803 to -804; 55.1-407) |
| Washington verified 2026-08-13 | Chapter 11.98 RCW trust powers, Chapter 11.98B directed trusts, and Titles 64/65 deed and recording law; outbound inter vivos-trust sale or distribution |
Express discretionary power to sell, convey, exchange, divide, partition, encumber, and distribute in kind or money, exercised under the trust and legal standards (RCW 11.98.070) |
Three or more cotrustees act by majority; two ordinarily act jointly. Written proposal is approved if no written objection within 15 days unless disabled; written delegation also available. Trust director may control and directed trustee complies absent willful misconduct (RCW 11.98.016; 11.98B.050, .080) |
No general preapproval for an authorized arm's-length deed; conflicted transaction voidable unless trust, court/TEDRA approval, limitations, consent/ratification/release, or pre-trust contract applies (RCW 11.98.070, .078) |
Every deed is written, signed, and acknowledged; no witness or seal required. Acknowledgment is an execution requirement and recording gateway (RCW 64.04.010, .020; 65.08.070) |
Name record-title trustee as grantor and add 'trustee' or 'as trustee' after signature to exclude contract personal liability; optional certification identifies current trustee and trust name or property titling (RCW 11.98.075, .110) |
Optional seven-subject certification may be authenticated by any trustee or trust attorney; targeted power excerpts and other reasonable information may be requested; no certification-specific notary rule (RCW 11.98.075) |
Record acknowledged deed with county auditor where land lies; statutory first-page and privacy rules apply. No universal certification, trust instrument, director record, or court-order companion (RCW 65.04.045; 65.08.070) |
Good-faith value dealer without knowledge gets no-inquiry protection; certification reliance binds trust property and bad-faith full-trust demand carries damages/fees. Unrecorded deed loses to later good-faith value purchaser or mortgagee who records first (RCW 11.98.075, .105; 65.08.070) |
| West Virginia verified 2026-08-13 | West Virginia Uniform Trust Code plus incorporated fiduciary powers and ordinary deed, tax, and recording statutes; outbound sale or in-kind distribution by an acting inter vivos-trust trustee (W. Va. Code §§ 44D-1-105, 44D-8-815 to -816, 44-5A-3, 36-1-1, 39-1-2, 11-22-6, 40-1-9) |
No ordinary court authorization: trust-conferred powers; unless limited, owner-equivalent and proper administration powers. Express public/private sale, exchange, partition, conveyance free of trust, in-kind distribution, and instrument-execution powers (§§ 44D-8-815 to -816; 44-5A-3(b), (aa), (dd)) |
Cotrustees unable to agree unanimously may act by majority; remaining trustees may act after vacancy, with participation/delegation rules. Trust may grant director power; joint directors default to majority, and directed trustee reasonably complies unless knowingly unlawful (§§ 44D-7-703; 44D-8A-806, -809) |
No universal preapproval for an authorized arm's-length deed. Court may give instructions; own-account or conflicted sale is voidable unless trust-authorized, court-approved, timely unchallenged, beneficiary-approved, or pre-trusteeship (§§ 44D-2-201, 44D-8-802, 44D-8-815) |
Deed signed by trustee as grantor; statutory form ends with signature and states no subscribing-witness or seal formality. For recording, each signer acknowledges or is proved by two witnesses (§§ 36-1-1, 36-3-5, 39-1-2 to -4) |
Identify the record-title trustee as grantor and disclose fiduciary capacity in the deed and signature. Certification may state current trustee and title manner; capacity disclosure supports statutory contract-liability protection (§§ 44D-10-1010, -1013(a)(3), (8)) |
Certification is optional; eight required fact groups include TIN and cotrustee authority, any trustee may authenticate, and recipient may demand trustee-designation and transaction-power excerpts. Separate acknowledged memorandum is also optional and recites realty powers/restrictions (§§ 44D-10-1013; 36-1-4a) |
Record with county commission clerk where land lies; acknowledgment or two-witness proof and preparer name apply. Taxable deed carries declaration; every Article 22 document tenders verified sales-listing form. No universal certification, trust, order, or memorandum companion (§§ 39-1-2, -2a; 11-22-1, -6; 40-1-9) |
Good-faith value buyer without knowledge gets no-inquiry protection; sale-power statute removes proceeds-tracing duty. Certification supports fact reliance and trust-property enforcement. Unrecorded deed is void against protected creditors and later value purchasers without notice (§§ 44-5A-3(b), 44D-10-1012 to -1013, 40-1-9) |
| Wisconsin verified 2026-08-13 | Wis. Stat. chs. 701 and 706 govern an outbound trustee sale or distribution; trust authority, deed validity, recording, and third-party protection are separate |
Without court authorization, trustee has owner powers and may sell, exchange, partition, mortgage, distribute in kind, and sign useful instruments, subject to trust limits and fiduciary duties (§§ 701.0105, 701.0815-.0816) |
Cotrustees act only by majority; vacancy, unavailability, urgent-action, delegation, dissent, and breach-prevention rules apply. Directing party may control investment or distribution decisions (§§ 701.0703, 701.0808) |
No ordinary preapproval; conflicted sale or encumbrance is voidable unless trust-authorized, court-approved, time-barred, properly consented to/ratified/released, or predates trusteeship (§§ 701.0802, 701.1001) |
Conveyance must identify parties, land, interest/material terms, bear each grantor's signature, and be delivered; no witness or seal requirement. Record by acknowledgment or other § 706.06/ch. 140 authentication (§§ 706.02, 706.05-.06) |
Legal title is in the trustee even if placed in the trust's name; identify trustee grantor and fiduciary capacity. Disclosed fiduciary capacity limits contract liability but does not excuse personal fault (§§ 701.0710, 701.1010) |
Certification is optional; seven content groups plus no-inaccuracy statement, any-trustee authentication, and limited trustee/power excerpts. It does not create missing authority (§ 701.1013) |
Delivery required; record with register of deeds in every county where land lies, with authentication, full legal description, statewide format items, and § 77.22(2) transfer form (§§ 706.02, 706.05, 59.43(2m)) |
Good-faith value purchaser gets no-inquiry protection; certification may bind trust property; special full-power presumption may apply to trustee record title; unrecorded deed loses to later good-faith value purchaser recording first (§§ 701.1012-.1013, 706.08) |
| Wyoming verified 2026-08-13 | W.S. ch. 4-10 and Titles 34-1 and 34-2 govern inter vivos-trust authority, directed action, deed form, title description, county recording, and purchaser effect |
Without court authorization, trustee may exercise trust-conferred and owner-equivalent powers and expressly sell for cash/credit, exchange, partition, mortgage, distribute in kind, and sign useful instruments, subject to trust limits and fiduciary duties (W.S. §§ 4-10-105, -815 to -816) |
Cotrustees may act by majority after inability to reach unanimity; remaining trustees may act after vacancy and urgent unavailability rules apply. Instrument/order may place investment or distribution direction with protector/advisor and make complying trustee an excluded fiduciary (§§ 4-10-703, -710, -712, -718) |
No ordinary preapproval or continuing supervision. Personal-account/conflicted transaction is voidable unless trust-authorized, court-approved, time-barred, consented/ratified/released, or predates trusteeship; specified related-party transactions are presumed conflicted (§§ 4-10-201, -802) |
Conveyance is an executed and acknowledged written instrument; execution must be acknowledged before a notarial officer. No witness or private-party seal appears in cited general or statutory deed forms (§§ 34-1-102, -106, -113; 34-2-104, -136) |
Grantor should identify acting trustee and fiduciary capacity. Earlier deed to 'trustee' or trust must define trust by trustee/trust name plus trust date or recorded-source reference; otherwise capacity is treated as personal title with statutory conveyance consequences (§§ 4-10-1010; 34-2-122 to -123) |
Optional certification or affidavit has seven substantive groups plus title manner and no-inaccuracy statement; TIN is optional, any trustee authenticates, and recipient may demand only trustee-and-power excerpts (§ 4-10-1014) |
Acknowledgment entitles deed to recording with county clerk where land lies; grantee address and original/certified instrument are recording conditions. Every title-transfer instrument needs a separate sworn consideration statement, though listed transfers may omit price terms (§§ 34-1-118 to -119, -142) |
Good-faith value dealer without knowledge gets no-inquiry protection; good-faith certification/affidavit reliance can bind trust property. Unrecorded deed loses to later good-faith value purchaser who records first; delivery for record gives notice and priority (§§ 4-10-1001, -1013 to -1014; 34-1-120 to -121) |
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