Mchenry County Trustee Deed Form (North Dakota)

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

Trustee Deed Form

Mchenry County Trustee Deed Form

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

Trustee Deed Guide

Mchenry County Trustee Deed Guide

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

Completed Example of the Trustee Deed Document

Mchenry County Completed Example of the Trustee Deed Document

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

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

McHenry County Recorder

Courthouse - 407 Main St S, Rm 206, Towner, North Dakota 58788-4048

Hours: 8:00 to 4:30 M-F

Phone: (701) 537-5634

Local jurisdictions located in Mchenry County include:

  • Anamoose
  • Balfour
  • Bantry
  • Deering
  • Drake
  • Granville
  • Karlsruhe
  • Norwich
  • Towner
  • Upham
  • Velva
  • Voltaire

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

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

What are supplemental forms?

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

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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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August 1st, 2021

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December 17th, 2020

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October 14th, 2020

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July 22nd, 2020

Professional and courteous and responsive service by KVH for my problem. He or she should receive a pat on the back but not on the back side. Ed Mattingly

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July 25th, 2020

It was quick and so very easy. Very detailed information. Love the app.

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Maurice B.

April 18th, 2019

The program fields should allow the customer to change font size and allow additional space for information to be place on the Deed.
Not Bad, still needs improvement.

Reply from Staff

Thank you for your feedback Maurice. Unfortunately we do not make the requirements for things like font size and margins, we only make the documents to be compliant with them.

Joan H.

March 30th, 2021

Your service was fine but as a newly widowed senior, I wish your price was lower.

Reply from Staff

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Tiffany Dawn J.

September 28th, 2019

Would be nice to have a better description on how to complete the forms if it is separated couple and one is signing the deed over to the other. I am still unsure how it should be worded. Disappointed that the guide didn't have better explanations.

Reply from Staff

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Carla H.

May 29th, 2020

This is a very useful site for downloading legal forms - just be sure you're getting the form you need before buying.
Unfortunately I selected the wrong form initially and had to buy a 2nd form to correct my error. I saw no way of communicating my error at that point - i.e., loss of one star.

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William S.

August 5th, 2020

Assuming that the downloads went without a hitch, the system was easy to follow and execute.

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Debbie M.

July 3rd, 2020

The forms and instructions were easy to follow and get complete. It was very nice to be able to just find them, pay for them, and download them so that they were printed just within a matter of 30 minutes. Thank you

Reply from Staff

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Julie K.

September 4th, 2023

The process for obtaining document itself was easy, and the included guide and example are great! rnI do have an issue with the format itself, though. The form has pre-defined text boxes, which cannot be altered without partially rebuilding the entire document. For the 'property description' field on the Mineral Deed form, the text box is not large enough for the rather lengthy legal description entered on my original plat.rnFortunately, I have a copy of Adobe Pro, so I have been able to re-build the doc to accommodate this short-coming.

Reply from Staff

Thank you for taking the time to provide feedback on our legal form. We're pleased to hear that you found the process for obtaining the document and the included guide beneficial.

We understand and appreciate your concern regarding the formatting and size limitations of certain fields, especially the 'property description' field. Our forms are designed to adhere to specific formatting requirements that are often mandated for legal compliance. Making direct alterations to the document can result in them becoming non-conforming, which is why we advise customers to use an exhibit page when their legal description is extensive or does not fit.