In a Sale
What This Means When the House Is Being Sold
The signature line needs to identify the signer's exact capacity clearly, as trustee of the specific named trust, not simply by their own personal name alone. A deed signed without that capacity properly stated is a defect a title company will generally send back for correction, adding delay right at the point where a sale should already be closing.
Underwriters generally want to see this deed alongside supporting documentation confirming the trustee's authority, typically a certification of trust or a certificate of incumbency, rather than accepting the deed by itself.
Compare
Not to Be Confused With
- This TermTrustee’s Deed
- Often Mistaken ForGrant, Bargain, and Sale Deed
- Often Mistaken ForDeed of Distribution
- Often Mistaken ForCertification of Trust
What Tells Them Apart
A trustee's deed is signed by a trustee conveying trust property to a buyer, and functionally resembles a grant, bargain, and sale deed but specifically identifies the signer's capacity as trustee. A deed of distribution serves a different purpose, moving probate property to heirs rather than to a buyer. Certification of Trust is the supporting document title typically wants alongside the deed itself.
Questions
Questions People Ask
What makes a trustee's deed different from an ordinary deed?
The signature line identifies the signer as trustee of a specific named trust, rather than as an individual, and title generally wants this paired with a certification of trust or similar document confirming that authority. Getting the capacity wrong on the signature is a common defect that delays closing.