Cass County Trustee Deed Form (North Dakota)

All Cass County specific forms and documents listed below are included in your immediate download package:

Trustee Deed Form

Cass County Trustee Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Cass County compliant document last validated/updated 8/5/2024

Trustee Deed Guide

Cass County Trustee Deed Guide

Line by line guide explaining every blank on the form.
Included Cass County compliant document last validated/updated 10/11/2024

Completed Example of the Trustee Deed Document

Cass County Completed Example of the Trustee Deed Document

Example of a properly completed form for reference.
Included Cass County compliant document last validated/updated 8/19/2024

When using these Trustee Deed forms, the subject real estate must be physically located in Cass County. The executed documents should then be recorded in the following office:

Cass County Recorder - Courthouse

Courthouse - 211 9th St South / PO Box 2806, Fargo, North Dakota 58103 / 58108-2806

Hours: 8:00am - 5:00pm M-F

Phone: (701) 241-5620

Local jurisdictions located in Cass County include:

  • Absaraka
  • Amenia
  • Argusville
  • Arthur
  • Ayr
  • Buffalo
  • Casselton
  • Davenport
  • Erie
  • Fargo
  • Gardner
  • Grandin
  • Harwood
  • Horace
  • Hunter
  • Kindred
  • Leonard
  • Mapleton
  • Page
  • Tower City
  • West Fargo
  • Wheatland

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 Cass 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 Cass County using our eRecording service.
Are these forms guaranteed to be recordable in Cass County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Cass 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 Cass County that you need to transfer you would only need to order our forms once for all of your properties in Cass County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by North Dakota or Cass 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 Cass 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 Cass 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 Cass 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.

4.8 out of 5 - ( 4420 Reviews )

Jimmy W.

November 1st, 2024

Very thorough with plenty of instructions. Nice to be able to fill in the forms on my computer at my own pace and edit if needed. Jim

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October 25th, 2024

I am so very thankful for the service that you provide for the public, thank you very much.

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Nancy R.

October 25th, 2024

Deeds.com is very precise, helpful and friendly. I found the form I needed without any effort and everything worked perfect and smooth. I recommend it 100%. rnThank you.

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Amber H.

January 31st, 2019

after typing in the information, the printing is not in alignment - looks disorganized on the page and hard to read

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Maday G.

July 31st, 2020

The service was easy and fast. Definitely much better than the regular process directly at the County's office.

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Dr. Rev. Cheryl T.

July 20th, 2021

five stars thanks so m,uch so easy to use and save. Good Job... Peace & many Blessings

Sincerely,
dr. Rev. Cheryl israel tibbrine

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Ed S.

October 1st, 2021

This is the first time that I have used this service. An employee at the Clerk and Register office in Arizona suggested that I try Deeds.com to find the form I needed and the county office could not provide. I am a licensed Realtor in Colorado with a 43-year career and this service has not been necessary in my own state but it was extremely helpful in finding a form in Arizona. Five star rating for the very user-friendly website!

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JOHN F.

May 24th, 2023

Quick and easy! I had previously prepared a Lady Bird deed, submitted it through Deeds.com and it was accepted/recorded by my county in just a few hours. The Deed.com $21 fee was well worth it as I saved fuel, tolls and parking costs not to mention at least 2-3 hours of my time that it would've taken to get downtown and back home!

Reply from Staff

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Susan S.

July 28th, 2020

The actual transfer of deed form seems to be the only one not fillable in Adobe. Seems odd.

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Thank you!

Judy C.

February 13th, 2019

Both sets of deeds were complete and easy to understand. Both states accepted the forms to transfer property.

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MATTHEW R.

March 12th, 2021

Absolutely amazing throughout the whole process

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Karen J.

December 20th, 2018

Excellent and easy to download and use. Love the example page and was so easy to fill out and use immediately. Thank you

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Debra R.

August 17th, 2021

So easy to follow when preparing a deed. The example places given helped to know how to correctly fill out the form! Very easy! I will use deeds.com again!

Thank you!

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Thank you!

Kelly L.

April 15th, 2019

So far so good. Please make the payment method easier after the information has been uploaded and submitted.

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Precious M.

June 23rd, 2020

great quick response

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