Burke County Trustee Deed Form (North Dakota)
All Burke County specific forms and documents listed below are included in your immediate download package:
Trustee Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Burke County compliant document last validated/updated 11/15/2024
Trustee Deed Guide
Line by line guide explaining every blank on the form.
Included Burke County compliant document last validated/updated 10/11/2024
Completed Example of the Trustee Deed Document
Example of a properly completed form for reference.
Included Burke County compliant document last validated/updated 11/27/2024
The following North Dakota and Burke County supplemental forms are included as a courtesy with your order:
When using these Trustee Deed forms, the subject real estate must be physically located in Burke County. The executed documents should then be recorded in the following office:
Burke County Clerk of Court/Recorder
Courthouse - 103 Main St SW / PO Box 219, Bowbells, North Dakota 58721
Hours: 8:30-12:00 & 1:00-5:00
Phone: (701) 377-2818
Local jurisdictions located in Burke County include:
- Bowbells
- Columbus
- Flaxton
- Lignite
- Portal
- Powers Lake
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Burke County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Burke County using our eRecording service.
Are these forms guaranteed to be recordable in Burke County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Burke County including margin requirements, content requirements, font and font size requirements.
Can the Trustee Deed forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Burke County that you need to transfer you would only need to order our forms once for all of your properties in Burke County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by North Dakota or Burke County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Burke County Trustee Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
Transferring Real Property from a Trust in North Dakota
A trust is an arrangement whereby a person (the grantor or settlor) transfers property to another (the trustee) for the benefit of a third (the beneficiary). In general, trusts in North Dakota are governed by Chapters 59-09 through 59-19 of the North Dakota Century Code as the North Dakota Uniform Trust Code.
To create a trust, the settlor transfers property to a trustee either during his lifetime (an inter vivos trust) or by will upon his death (a testamentary trust) (N. D. Cent. Code 59-12-01). It must be created for lawful purposes and have a definite beneficiary, or a person with "a present or future beneficial interest in a trust, vested or contingent, including the owner of an interest by assignment or transfer" ( 59-09-05, 59-12-04; 59-09-03(3)(a)).
In North Dakota, trusts relating to real property are invalid without a written instrument signed by the trustee ( 59-12-18). The trust instrument is an unrecorded document executed by the settlor that "contains [the] terms of the trust, including any amendments to the record" ( 59-09-03(25)). In addition to designating the trustee (and successor, if the settlor also serves as the original trustee) and conferring specific powers upon the trustee, the trust instrument establishes the scope of trust's assets and identifies trust beneficiaries.
An inter vivos (living) trust is an alternate method of holding title to real property for estate planning purposes. The settlor transfers real property into the trust by executing a deed titling the property in the name of the trustee as representative of the trust. The trustee administers the trust according to the terms set forth in the trust instrument.
The trustee "is presumed to have the power to sell, convey, and encumber the real property unless restrictions on that power appear in the records of the county recorder" ( 47-140-26). The trustee's authority to convey property is further established by the statutory general power of trustees to exercise "all powers over the trust property which an unmarried owner, who is not an incapacitated person, has over individually owned property of the trustee" and the specific power to sell property, as established by the North Dakota Uniform Trust Code ( 59-16-15, 59-16-16(2)).
In order to convey real property out of the trust, the trustee executes a trustee's deed. The form of conveyance takes its name from the granting party rather than from the type of warranty of title given, as with a warranty deed or special warranty deed, for example.
In North Dakota, the trustee's deed is typically a special warranty deed passing fee simple title, containing the covenants that the grantor has not previously conveyed right, title, or interest to another person and that the property is free from encumbrances made by the grantor or persons claiming under the grantor. These covenants are implied unless explicitly stated otherwise in the form of the conveyance ( 47-10-19).
Because real property held in trust is titled in the name of the trustee on behalf of the trust, in addition to naming each acting trustee, the trustee's deed should reference the trust and date of execution of the instrument establishing the trust. A certificate of trust under 59-18-13 or trustee's affidavit is typically unnecessary, though in some cases is advisable. Consult a lawyer with questions.
Deeds executed by trustees must meet all the same requirements for form and content for documents affecting interests in real property, including a statement of full consideration and legal description of the property being conveyed. All acting trustee signatures, made before a notary public, should be present before the deed is recorded in the office of the recorder of the county in which the subject property is located.
(North Dakota TD Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Burke County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Burke County Trustee Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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August 7th, 2020
As promised, my forms were immediately ready for download. The forms were exactly what i wanted. I couldnt be happier and i cant even guess how much money i saved. They were even formatted to the exact font, spacing and margin used by my county. It is obvious a lot of time and effort was put into the preparation of these documents. They are absolutely perfect. Check it out, you wont be disappointed and the price is much less than i expected.
Don caldwell
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A. S.
February 27th, 2019
First, I am glad that you gave a blank copy, an example copy, and a 'guide'. It made it much easier to do. Overall I was very happy with your products and organization... however, things got pretty confusing and I have a pretty 'serious' law background in Real Estate and Civil law. With that said, I spent about 10+ hours getting my work done, using the Deed of Trust and Promissory note from you and there were a few problems: First, it would be FANTASTIC if you actually aligned your guide to actually match the Deed or Promissory Note. What I mean is that if the Deed says 'section (E)' then your guide shouldn't be 'randomly' numbered as 1,2,3, for advice/instructions, but should EXACTLY match 'section (E)'. Some places you have to 'hunt' for what you are looking for, and if you did it based on my suggestion, you wouldn't need to 'hunt' and it would avoid confusion. 2nd: This one really 'hurt'... you had something called the 'Deed of Trust Master Form' yet you had basically no information on what it was or how to use it. The only information you had was a small section at the top of the 'Short Form Deed of Trust Guide'. Holy Cow, was that 'section' super confusing. I still don't know if I did it correctly, but your guide says only put a return address on it and leave the rest of the 16 or so page Deed of Trust beneath it blank... and then include your 'Deed of Trust' (I had to assume the short form deed that I had just created) as part of it. I had to assume that I had to print off the entire 17 page or so title page and blank deed. I also had to assume that the promissory note was supposed to be EXHIBIT A or B on the Short Form Deed. It would be great if someone would take a serious look at that short section in your 'Short Form Deed of Trust Guide' and realize that those of us using your products are seriously turning this into a county clerk to file and that most of us, probably already have a property that has an existing Deed... or at least can find one in the county records if necessary... and make sure that you make a distinction between the Deed for the property that already exists, versus the Deed of Trust and Promissory note that we are trying to file. Thanks.
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September 6th, 2019
It was easy, affordable and I appreciate this service.
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July 2nd, 2020
Excellent. I needed a NOC recorded immediately and you guys made it happen when all other avenues looked like they were not going to be possible. Thank you very much.
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July 30th, 2022
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June 16th, 2020
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February 26th, 2020
Great site makes this procedure easy to do,thanks
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