Albemarle County Trustee Deed Form (Virginia)

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

Trustee Deed Form

Albemarle County Trustee Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Albemarle County compliant document last validated/updated 7/19/2024

Trustee Deed Guide

Albemarle County Trustee Deed Guide

Line by line guide explaining every blank on the form.
Included Albemarle County compliant document last validated/updated 7/18/2024

Completed Example of the Trustee Deed Document

Albemarle County Completed Example of the Trustee Deed Document

Example of a properly completed form for reference.
Included Albemarle County compliant document last validated/updated 9/10/2024

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

Albemarle County Circuit Court Clerk

Court Square - 501 E Jefferson St, Charlottesville, Virginia 22902-5110

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

Phone: (434) 972-4085

Local jurisdictions located in Albemarle County include:

  • Batesville
  • Charlottesville
  • Covesville
  • Crozet
  • Earlysville
  • Esmont
  • Free Union
  • Greenwood
  • Ivy
  • Keene
  • Keswick
  • North Garden
  • Scottsville
  • White Hall

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

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

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Virginia or Albemarle 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 Albemarle 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 Living Trust Using a Virginia Trustee's Deed

A trustee's deed conveys interest in real property held in a living (inter vivos) trust. The deed is named for the granting party, the trustee, who holds legal title to property contributed to the trust by the trust's settlor. A settlor is any person who creates or contributes property to a trust by transferring it to another. Property held in trust is administered by the trustee for the benefit of a trust beneficiary. In most living trusts, the settlor designates himself as trustee and names a successor, who will take over fiduciary duties upon the settlor's death or incapacitation.

The trust is established by a written instrument executed by the settlor and governed by the Uniform Trust Code, codified in Virginia at Va. Code Ann. 64.2-7. The trust instrument contains the terms of the trust and sets forth the settlor's estate plan. The document names the trustees and enumerates the trustee's powers in acting on behalf of the trust, and designates the trust beneficiary or beneficiaries. Generally, the settlor designates himself as the living trust's beneficiary during his lifetime, and identifies another in the trust instrument who will receive the benefit of the trust's assets upon his death.

Trustees rely on the terms of the trust instrument and statutory trustee powers to convey property held in trust. A deed executed by trustee to convey real property from a trust typically carries a special warranty covenant of title. This means that the grantor promises to warrant and defend the property for the grantee "against the claims and demands of the grantor, and all persons claiming or to claim by, through, or under him" (Va. Code Ann. 55.1-355). Because the trustee is acting "in a fiduciary capacity," a narrower covenant than a general warranty is offered "to warrant title [only] during the time they had legal possession of it" [1].

A trustee's deed requires additional information because the grantor is acting in a fiduciary capacity. When real property is held in trust, the assets vest in the name of the trustee on behalf of the trust. Therefore, the trustee's deed names the acting trustee, the trust, and the date of the trust when reciting the grantor's information. The trustee's deed should comply with the statutory form for deeds and satisfy recording requirements for documents pertaining to interest in real property in Virginia (55.1-300, 17.1-223 et seq.). A trustee may provide a certification of trust under 64.2-804 to confirm the trust's existence and his authority to convey real property.

Before recording the deed in the independent city or county wherein the subject property is located, the deed must be signed by each acting trustee and acknowledged in the presence of a notary public.

(Virginia TD Package includes form, guidelines, and completed example)



Our Promise

The documents you receive here will meet, or exceed, the Albemarle 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

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