Step 1 of 23 - State 4% Hiddendate_startThis adds the current timestamp to the form when the user starts the form for the first time. Hiddenpreview_navigation_tf Yes No Hiddenpayment_tf Yes No Hiddenadmin_approval_tf Yes No return_to_browser_tf Yes No send_to_preparer_tf Yes No send_to_admin_tf Yes No Hiddensend_to_reviewer_tf Yes No Hiddensend_to_other_tf Yes No Hiddenpermissions Hiddenloading_tf Yes No Hiddenexpire_tf True False Hiddenprocessed_tf True False Hiddenpaid_tfBe sure it is set to True for development and testing. True False HiddenaffiliateTrusted DeedsHiddensite_name Hiddenuser_role Hiddenorder HiddenClient File HiddenMatter/Scenario*If you are creating multiple entries, you can use this entry to help distinguish it from other entries. Otherwise, leave it blank. Get the Deed Form That's Right for You This interview will help create a customized, state-specific deed in minutes. It guides you through a step-by-step interview to help you determine the type of deed and the language you need to achieve your goals. We support all of the most popular deed types—including quitclaim deeds, life estate deeds, lady bird deeds, special warranty deeds, warranty deeds, and more. When the interview is complete, your software will create the deed and any related documents. It will also provide you with clear instructions about how to sign and record the deed. Before we get started, there are a few items that you will need to collect: Prior deed to the property. You will need the prior deed to the property. If you are the current owner, this is the deed that transferred the property to you. Names and addresses. You will need the names and addresses of every person, business, or trust that is transferring the property. You will also need the names and addresses of every person, business, or trust that is receiving the property. Gathering this information in advance will help streamline the deed creation process.Property State*Select the state where the property is located.AlabamaAlaskaArizonaArkansasCaliforniaColoradoDistrict of ColumbiaFloridaGeorgiaHawaiiIllinoisIndianaKansasKentuckyMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew JerseyNew MexicoNew YorkNorth DakotaOhioOklahomaOregonPennsylvaniaSouth CarolinaSouth DakotaTexasTennesseeUtahVirginiaWashingtonWest VirginiaWisconsinWyoming North Carolina Restrictions In an effort to keep online document preparation companies from providing a lower-cost alternative to lawyers, the North Carolina Bar classified online legal document preparation as the unauthorized practice of law. After a lawsuit by an online legal form provider in 2015, the parties settled and legislation was enacted to provide an alternative for online legal document preparation while still helping lawyers maintain their monopoly on the provision of services in North Carolina. Pursuant to N.C. Gen. Stat. § 84-2.2, all persons, firms, or companies that operate a website that offers consumers access to interactive software that generates a legal document based on the consumer’s answers to questions presented by the software that complies with the requirements of the statute must register with the North Carolina State Bar by completing a Website Document Provider Registration before commencing operation in North Carolina. This Registration is fairly onerous and requires companies to meet certain criteria that are out-of-step with common practice in other jurisdictions. We are evaluating whether to proceed with the North Carolina registration process. In the meantime, we cannot provide our online deed preparation service in North Carolina. If you would like us to put you in touch with an attorney to help with your deed preparation needs, please contact us for assistance. Is the property located in New York City?* Yes No HiddenMapped FieldsFields that are populated based on other fields or other form submissions.Hiddenset_state_information_tf Yes No Hiddencounty_term County Parish Borough Hiddenvesting_county_tf Hiddenjudicial_district_state_tf Yes No Hiddenindependent_cities_state_tf Yes No Hiddeninclude_cities_state_tf Yes No Hiddencommunity_property_state_tf Yes No Hiddenhomestead_state_tf Yes No Hiddenhomestead_spousal_joinder_state_tf Yes No Hiddenspouse_name_required_tf Yes No Hiddenhomestead_spousal_joinder_statute Hiddenhomestead_statement_tf Yes No Hiddenallprop_state_tf Yes No Hiddenallprop_statute Hiddenallprop_state_property Hiddenjtwros_state_tf Yes No Hiddentbe_state_tfTenancy by the entirety is a form of co-ownership between spouses in some states. Yes No Hiddenele_state_tfEnhanced life estate deeds, often called lady bird deeds, are a special form of life estate deed that gives the grantor retained control over the property during life, including the right to use the property for profit or to sell the property without involving the remainder beneficiaries. Yes No Hiddenele_deed_title Hiddentod_state_tf Yes No Hiddentod_deed_title Hiddentod_deed_statute Hiddencommunity_property_survivorship_state_tf Hiddencpwros_separate_agreement_tf* Yes No Hiddenquitclaim_deed_state_tf Yes No Hiddenwarranty_quitclaim_authorizing_statute Hiddenwarranty_language_quitclaim_single_grantorUse the following format: A ___ to B. For example, "remises, releases, and quitclaims." Hiddenwarranty_language_quitclaim_multiple_grantorsUse the following format: A and B ___ to C. For example, "remise, release, and quitclaim." Hiddennwd_deed_state_tf Yes No Hiddennwd_deed_title Hiddenqcd_deed_title Hiddenwarranty_nwd_authorizing_statute Hiddenwarranty_language_nwd_single_grantorUse the following format: A ___ to B. For example, "grants, bargains, sells, and conveys without warranty." Hiddenwarranty_language_nwd_multiple_grantorsUse the following format: A ___ to B. For example, "grants, bargains, sells, and conveys without warranty." Hiddenswd_deed_title Hiddenwarranty_swd_authorizing_statute Hiddenwarranty_language_swd_single_grantorUse the following format: A ___ to B. For example, "bargains, sells, conveys, and warrants specially." Hiddenwarranty_language_swd_multiple_grantorsUse the following format: A and B ___ to C. For example, "bargain, sell, convey, and warrant specially." Hiddengwd_deed_title Warranty Deed General Warranty Deed Statutory Warranty Deed Hiddenwarranty_gwd_authorizing_statute Hiddenwarranty_language_gwd_single_grantorUse the following format: A ___ to B. For example, "bargains, sells, conveys, and warrants generally." Hiddenwarranty_language_gwd_multiple_grantorsUse the following format: A and B ___ to C. For example, "bargain, sell, convey, and warrant generally." Hiddentrust_certificate_titleA trust certificate may be called, by other names, such as a certification of trust, trust certification, or affidavit of trust. Hiddentrust_certificate_state_tf Yes No Hiddentrust_certificate_statute Hiddengrantor_trust_beneficiaries_tf Yes No Hiddengrantor_trust_beneficiary_state_tf Yes No Hiddengrantee_trust_beneficiaries_tf Yes No Hiddengrantee_trust_beneficiary_state_tf Yes No Hiddentransfer_tax_state_tf Yes No Hiddentransfer_tax_title Hiddentransfer_tax_rateFill in the blank: The transfer tax is assessed at a rate of _____. Hiddentransfer_tax_exemption_statement_tf Yes No Hiddentransfer_tax_exemption_trusts_tf Hiddentransfer_tax_exemption_trusts_text Hiddentransfer_tax_exemption_divorce_tf Hiddentransfer_tax_exemption_divorce_text Hiddentransfer_tax_exemption_noconsideration_tf Hiddentransfer_tax_exemption_noconsideration_text Hiddendefault_transfer_tax_exemption_tf Hiddentransfer_tax_return_mc Must be filed with all deeds Must only be filed for deeds that are not exempt from transfer tax Is not required Hiddentransfer_tax_return_title Hiddeninformational_return_state_tfDo not include the transfer tax return described above (if applicable). Yes No Hiddeninformational_return_title Hiddeninformational_return_required_mc Always In some circumstances but not in others If an exception or exemption does not apply Only if consideration is not stated on the deed Hiddeninformational_return_exemption_statement_tf Yes No Hiddeninformational_return_circumstancesFill in the blank: An informational return is required ____. For example, "if the consideration is not stated on the face of the deed." Hiddennominal_consideration_state_tf Hiddenconsideration_nonmonetary_tf Hiddendeed_recording_officeFor example, "chancery clerk" or "circuit court" Hiddendeed_recording_book_titleFor example, "land records" or "record of deeds" Hiddenrecording_costsFill in the blank: Recording costs ___. For example, "are $12.50 for the first page and $8.00 for each additional page." Hiddenfirst_page_margin_statute Hiddenpreparer_information_location Top left (split margin) Above the title (single margin) Below the title (single margin) At the end Hiddenproperty_tax_number_state_tfSome states require the property tax number, also called an assessor's number or tax parcel number, to be included on the deed. Yes No Hiddenproperty_tax_number_title Property Tax Number Parcel Identification Number Tax Parcel Number Assessor's Parcel Number Hiddenprior_deed_information_state_tfSome states require the deed to include the book and page or instrument number of the prior recorded deed. Yes No Hiddenshow_prior_deed_information_tf Hiddenshow_title_insurance_screen_tf Hiddenshow_transfer_tax_exemptions_tf Hiddenproperty_address_state_tf Yes No Hiddenindexing_instructions_state_tf Yes No Hiddenindexing_instructions_title Hiddenexception_clause_default_tf Hiddenexception_clauseHiddenindexing_instructions_statute Hiddentitle_insurance_statement_state_tfSome states require deeds to include the name of the title insurance underwriter insuring such instrument or a statement that the existence of title insurance is unknown. Yes No Hiddenphone_number_required_tf Yes No Hiddenjtwros_standard_language_tf Hiddenjtwros_language Hiddenjtwros_grantee_signature_tf Hiddenjtwros_separate_agreement_tf Hiddentic_standard_language_tf Hiddentic_language Hiddentic_grantee_signature_tf Hiddentic_separate_agreement_tf Hiddentbe_standard_language_tf Hiddentbe_language Hiddentbe_separate_agreement_tf Hiddencommunity_property_survivorship_right_mc Hiddencommunity_property_survivorship_right_conditions Hiddencpwros_standard_language_tf Hiddencpwros_language Hiddencpwros_grantee_signature_tf Hiddenle_standard_language_tf Hiddenle_language Hiddenle_grantee_signature_tf Hiddenle_separate_agreement_tf Hiddentrust_special_requirements_tf Hiddendeed_formatting_requirements Hiddenpreparer_statement_information Hiddenproperty_tax_number_location Hiddenprior_deed_information_location Hiddenproperty_address_statement_location Hiddentitle_insurance_statement_location Hiddenindexing_instructions_description Hiddendeed_witness_circumstances Hiddenconsideration_required_tf Hiddenomit_consideration_tf Hiddendeed_witness_requirements_mc No need must be witnessed, only notarized Some deeds must be witnessed in addition to being notarized All deeds must be witnessed in addition to being notarized Hiddendeed_witness_numberPlease enter a number from 1 to 4.Hiddenmerge_data_route HiddenCalculated FieldsFields that we calculate through the controller or set in the interview. Hiddenproduct_router Hiddenproduct_nameThe product name, including the state Hiddendocument_titleJust the legal name of the document Hiddenmerge_endpoint Hiddendivorce_tf Hiddengrantee_multiple_tf Hiddennonresident_grantor_tf Hiddencorporate_grantor_tf Hiddenscenario DeedToTrust Hiddengoal Make a lifetime transfer of the property to one or more new owners Create a deed that transfers property upon the death of an owner Add one or more new owners to a deed Transfer property to an ex-spouse following a divorce Transfer property to a living trust Hiddengrantee_type One Married Couple One Organization One Trust All Individuals Hiddengrantor_type One Married Couple One Organization One Trust All Individuals Hiddenhide_informational_return_screen_tf Hiddenshow_coownership_tf Hiddenpoa_error_tf Yes No Hiddenadd_owner_error_tf Yes No Hiddenemail_error_tf Yes No Each state has its own legal requirements for deeds. Your deed will be customized for use in . County InformationEnter the following information about the local jurisdiction where the property is located. County*-Select-Hiddenproperty_county_cy_holdThis temporary holds the county when it is still loading. The property is located:* Within city limits In an unincorporated area include_judicial_district_tf Include judicial district Property Judicial or Recording District*Fill in the blank: The property is in the ____ ___________District. For example, "First Judicial" or "Nineteenth Recording." City or TownIndicate the city, town, or other jurisdiction where the property is located. The answers will be displayed in this format: __________ of __________. For example, "City of Philadephia" or "Town of Fowler."City/Town/Township*CityTownTownship OFCity/Town Name* Special CircumstancesThis section helps us identify special circumstances that could affect the deed. If no current owner (grantor) is being represented by an agent under a power of attorney, answer No when asked Will an agent under a power of attorney will sign documents on behalf of one or more current owners?, then click here to return to the final interview screen. Will an agent under a power of attorney sign documents on behalf of one or more current owners?* Yes No Are any of the current owners deceased?* Yes No Deceased Owners Because a deed must be signed by living owners (or their legally appointed representatives), you cannot use this form to transfer a deceased owner's interest in real estate. If the owner co-owned the property with other owners with right of survivorship, or if the owner used an estate planning deed (like a life estate deed, lady bird deed, transfer-on-death deed, or beneficiary deed), you may be able to use a survivorship affidavit to remove the deceased owner from the property records. You can create a survivorship affidavit using our Survivorship Affidavit interview and file it along with the deed created by this interview. GoalsThe next step is to be sure that we are creating the right type of deed for you. If you are unsure of the type of deed you need, the questions below can help you with your choice. What would you like to do?* Make a lifetime transfer of the property to one or more new owners Create a deed that transfers property upon the death of an owner Add one or more new owners to a deed Transfer property to an ex-spouse following a divorce Transfer property to a living trust Adding a Spouse to a DeedSpecial considerations apply if the property is owned by one current owner and the person being added to the deed is the current owner's spouse. Is the person being added the spouse of the current owner?*Answer Yes only if the property is owned by one owner that is adding his or her spouse to the deed. Yes No Estate Planning Deed TypeSelect the estate planning deed type:*The following deed types can all be used to avoid probate in your state. Transfer-on-Death Deed Enhanced Life Estate (Lady Bird) Deed Traditional Life Estate Deed Joint Tenancy with Right of Survivorship Tenancy by the Entirety You will be given the option to create a 1 once you enter the names of at least two people on the upcoming New Owner Information screen. Note that a survivorship right requires at least two people (new owners) to jointly own the property. This is not the correct interview for a transfer-on-death deed (TOD deed). Visit our Transfer-on-Death Deed interview to create a TOD deed. Hiddenep_deed_tf Yes No Current Owner InformationThe current owners of the property that will sign the deed are called grantors. Use the Add Grantor button below to add the name and address of each grantor. Do not enter any deceased owners on this screen. If an agent under a power of attorney will sign documents on behalf of a current owner (grantor), click Edit by the owner that is represented by an agent. Answer Yes when asked Will an agent under a power of attorney sign documents on behalf of this person?, then answer the questions relating to the agent. Once you have entered the required information, click here to return to the final interview screen. Current Owners (Grantors) Grantor Name Actions Edit Delete Use the Add Grantor button below to add grantors. Add Grantor Maximum number of grantors reached. Hiddengrantor_countHiddengrantor_multiple_tf Hiddengrantors_nested_arraySpouse 1 InformationHiddenlxrl_spouseone_type Hiddenlxrl_spouseone_nonresident_tf Gender* Male Female First Name* Middle Name Last Name* Name SuffixJr.Sr.IIIIIIVOther names?*Review the prior deed to the property. Does this spouse's name differ in any way from the way the prior deed is worded? If so, choose "Yes." Yes No Other name or names used by this spouse:* Current Marital Status*SingleMarriedAddress* Street Address Address Line 2 (Optional) City State AlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU.S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific ZIP Code Phone* Hiddenlxrl_spouseone_mailing_tf Spouse 2 InformationHiddenlxrl_spousetwo_type Hiddenlxrl_spousetwo_nonresident_tf Gender* Male Female First Name* Middle Name Last Name* Name SuffixJr.Sr.IIIIIIVOther names?*Review the prior deed to the property. Does this spouse's name differ in any way from the way the prior deed is worded? If so, choose "Yes." Yes No Other name or names used by this spouse:* Current Marital Status*SingleMarriedAddress* Street Address Address Line 2 (Optional) City State AlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU.S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific ZIP Code Phone* Hiddenlxrl_spousetwo_mailing_tf Which owner(s) would you like to remove from the deed?* First Choice Second Choice Third Choice New Owner Information The owners that will own the property after the deed is complete are called grantees. Use the Add Grantee button below to add the name and address of each grantee. This screen should only include the owners that are being added to the deed, not the current owner(s). Click Delete to remove the current owner (grantor) from this New Owner Information screen, then click here to return to the final interview screen. New Owners (Grantees) Grantee Name Actions Edit Delete Use the Add Grantee button below to add grantees. Add Grantee Maximum number of grantees reached. Hiddengrantee_countHiddengrantees_nested_arrayDivorce InformationThis section allows you to enter information about the decree, judgments, or other court document that ordered or approved the divorce. If the divorce is not yet final, or if you do not have this information, change your answer on the Goals screen to "Make a lifetime transfer of the property to one or more new owners" and complete the interview listing the parties marital status at the time that the deed will be signed. Which owner will keep the property?* First Choice Second Choice Third Choice Is the property this person's personal residence (sometimes called homestead)?*Answer Yes if this person resides on the property and uses it as a principal place of residence. Yes No Title of Divorce Decree or Judgment*Enter the title of the court-ordered or court-approved divorce decree or judgment. For example, "Final Decree of Divorce" (with no period or closing punctuation). Date of Divorce Decree or Judgment* MM slash DD slash YYYY Court Name*Enter the name of the court that issued or approved the divorce decree, judgment, or settlement. For example, "District Court of Travis County, Texas." Court File or Cause Number*Enter the cause number from the divorce decree of judgment. For example, "Cause No. 2018-3456" or "Case No. 2019-12." Trust InformationEnter the following information about the trust that will own the property. Hiddenlxrl_grantees_type Trust Name*Do not include the date. The date will be supplied based on the date you select below. Trust Date* MM slash DD slash YYYY How many trustees act on behalf of this trust?*Enter the number of trustees currently serving. Do not include successor trustees. 1234Hiddenlxrl_granteetrust_trustee_multiple_tf Trustee 1Enter the following information about the first trustee.Trustee 1 Name* This trustee is an:* Individual Organization Trustee 1 Gender* Male Female Trustee 2Enter the following information about the second trustee.Trustee 2 Name* This trustee is an:* Individual Organization Trustee 2 Gender* Male Female Trustee 3Enter the following information about the first trustee.Trustee 3 Name* This trustee is an:* Individual Organization Trustee 3 Gender* Male Female Trustee 4Enter the following information about the first trustee.Trustee 4 Name* This trustee is an:* Individual Organization Trustee 4 Gender* Male Female Trust BeneficiariesEnter the names and addresses of the beneficiaries of the trust listed above. Use the (+) button to add additional beneficiaries. Beneficiaries*NameAddress AddressAddress* Street Address Address Line 2 (Optional) City State AlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU.S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific ZIP Code Phone* Hiddenmailing_tf Different mailing address? Warranty of Title In the real estate context, a warranty of title is a guarantee that the transferor of real estate has the right to transfer ownership and that no one else can claim ownership of the property. If the deed includes a warranty of title and it turns out that there is a problem with title to the property—for example, if there is an undisclosed mortgage, a tax lien against the property, or an outstanding boundary dispute—the transferee may sue the transferor for breaching the warranty. Most deeds are named after the warranty of title they provide. In , the following types of deeds are identified by their warranty of title (or lack thereof): . Provides an absolute covenant/warranty of title that covers anything that could affect title to the property, including actions that occurred before the current owner owned the property. Places all risk on the transferor. Often used in the sale context, when the seller is receiving value for the property. . Provides an absolute covenant/warranty of title that covers anything that could affect title to the property, but only covers issues that arose while the current owner owned the property. Divides the risk between the transferor (who is responsible for issues that arose during the transferor's ownership) and the transferee (who is responsible for issues that arose before or after the transferor owned the property). . Provides no warranty of title. The transferee acquires whatever interest the transferor has. The transferor is not responsible for any title issues, regardless of when they arose. All risk is on the transferee. A is used most often when transferring property to spouses or family members as a gift (without consideration). The choices below allow you to choose the warranty of title to apply. Select the warranty of title:*If you know the type of deed you would like, choose it from the options below. Otherwise, choose Help Me Decide for assistance with determining the right deed form for you. Quitclaim Special Warranty General Warranty Grant Deed No Warranty Deed Help Me Decide The decision of what warranty of title to provide depends on your goals and can vary from deed to deed.A warranty of title is a legal guarantee from the current owner (grantor) to the new owner (grantee) that there are no title issues. If a deed makes a warranty of title, the grantee can sue the grantor over any title issues.Title issues can be caused by many things, including errors in the public record, unknown liens against the property, undisclosed prior conveyances, forged deeds, missing heirs or unprobated wills, or disputes about boundary lines or surveys. The questions below will help determine the correct warranty of title to include in the deed. Do you want the current owner or owners to be legally responsible if there is a problem with title to the property?Most people choose "No" if the property is being transferred as a gift between family members or others that are in a close personal relationship OR if the transfer will take effect at death (e.g., a lady bird deed or TOD deed). Yes No Choose if you want the grantor(s) to be responsible for all title issues, including those that relate to the time before the grantor(s) owned the property. Choose if you want the grantor(s) to be responsible for only title issues that relate to the time that the grantor(s) owned the property. Suggestion: Choose if you do not want the grantor(s) to be responsible for any title issues affecting the property. Form of Co-Ownership There are several ways that individuals may own property together. Although there is some variation in how the law applies between states, law generally recognizes the following forms of co-ownership for this situation: Tenancy in Common – On the death of an owner, the property passes to the deceased owner's probate estate to be transferred under his or her will (if any) or as provided under state law. Before death, each owner may freely dispose of his or her interest. Select the choice below that corresponds with your goals. Select the Form of Co-Ownership* Joint Tenancy with Right of Survivorship Community Property Tenancy in Common Tenancy by the Entirety Help Me Decide Right of Survivorship law allows real estate to titled as community property with right of survivorship. The right of survivorship means that the property passes automatically to the surviving spouse on the first spouse’s death. Because title transfers automatically, there is no need to involve the property in a probate proceeding. This makes community property with right of survivorship a great technique for avoiding probate of real estate.Include right of survivorship?* Yes No Reservations and Exceptions to Conveyance and WarrantyA reservation and exception clause in a deed identifies any issues affecting real estate that are not part of the transfer to the new owner. This clause ensures that the current owners do not attempt to transfer anything that they do not own. If the deed includes a warranty of title, the reservations and exceptions identify items that are excluded from the warranty, thereby protecting the current owner from a claim that he or she breached the warranty of title. Reservation and exception clauses usually exclude anything that has been recorded in the land records that could affect the property. If, for example, a prior owner reserved the mineral rights to the property, the current owner does not own the mineral rights and thus cannot convey them to the new owner. The reservation and exception clause makes it clear that the prior reservation of mineral rights is not included in the conveyance or the warranty. The clause below will be included in the deed. Although you are free to do so, we do not recommend making changes to this clause unless you have experience with drafting deeds to real estate and understand the legal implications of the changes.Exceptions from ConveyanceThis conveyance is subject to any and all validly existing easements, rights-of-way, and prescriptive rights, whether or not of record; all other presently recorded and validly existing restrictive covenants and reservations of oil, gas, and other minerals that affect the Property; all other presently recorded and validly existing instruments, other than conveyances of the surface fee estate, that affect the Property; taxes and assessments for the current year and all subsequent years; and zoning and other governmental regulations. Deed Consideration This section will help determine the consideration to include on the deed. Consideration is a legal term to describe what each party is getting out of a legal transaction. In the deed context, it can be thought of as what is being given in exchange for the property. Real estate may be transferred with or without consideration, depending on state law. Consideration* Nominal ($10.00 and other good and valuable consideration) Actual Purchase Price Capital Contribution Divorce Gift Trust Contribution Purchase Price* Under 1 law, it is customary or required for deeds to state that some form of value—known as consideration—was received in exchange for the property. To meet this requirement, your deed will state that the property is being transferred for “the sum of Ten Dollars ($10.00) and other good and valuable consideration." This is a common way of addressing this issue and is well-accepted in 1. If you do not state the purchase price in the deed, you may need to file a separate document when you file the deed. When you transfer real estate in 1, you must either state the actual purchase price on the deed or file a separate 1 to let the taxing authority determine the amount of tax due on the transfer. This 1 should not be complicated and, in some cases, may be required regardless of what the deed says. But if you want to avoid having to file the return, consider changing your answer to list the actual purchase price of the property. North Dakota Consideration StatementNorth Dakota law requires the deeds to include a statement, signed by the new owner or an agent of the new owner, about the amount paid (consideration) for the property. The questions below will determine whether an exemption applies. If not, the deed will include a space to enter the amount of consideration as required by North Dakota law. The instrument is due to a transfer of ownership of property for which is given a quitclaim deed The sale is between grantor and the grantee are of the same family or corporate affiliate, if known The property is owned or used by public utilities The property is classified as personal property (not real estate) The sale is a result of a settlement of an estate (of a deceased owner) The sale is from a forced sales, mortgage foreclosures, and tax sales The sales is to or from religious, charitable, or nonprofit organizations The instrument is used for when there is an indicated change of use by the new owners The instrument is from a sale of property not assessable by law The transfer of agricultural lands of less than eighty acres The transfer is pursuant to a judgment None of these apply Legal DescriptionTo be valid, a deed or affidavit must include a legal description. The legal description for the deed or affidavit purposes is not the same as the legal description from the property tax records. You should not use the description from the property tax records as the legal description. Make sure to get the legal description from the prior deed.show_legal _description_explanation Tell me more about legal descriptions How to Find a Legal DescriptionA legal description is a description of real estate that is sufficient to identify it for legal purposes. The best source of the legal description is the prior deed to the property (the deed that conveyed the property to the current owner or owners). To locate the legal description in the prior deed, look for words of introduction like '… described as follows.' This language indicates that the legal description is about to begin. The legal description is often double-indented or set in boldface type to set it apart from the rest of the deed. Example of Subdivision (Lot and Block) Legal Description If real estate is located in a subdivision, the legal description may be very simple. It will typically refer to one or more lots, the block (or blocks) on which the lots are located, the subdivision name, and the county and state. Lot and Block Legal Description To see an example of how a lot and block legal description appears on an actual deed, see Sample Deed – Lot and Block. Example of Survey (Metes and Bounds) Legal Description A metes and bounds description describes the property by locating it within the public surveying system. The boundaries of the property are described by working around a parcel of real estate in sequence, starting with a point of beginning. The point of beginning could be a landmark or a point described based in the United States Public Land Survey System. Here’s an example of a metes and bounds description: Metes and Bounds Legal Description To see an example of how a metes and bounds description appears on an actual deed, see Sample Deed – Metes and Bounds. Select One:*Selecting I will attach the legal description to the document will include a cover page for an exhibit that you can "attach" by adding the typed legal description on a separate document to be filed along with the deed. If your prior deed used an attached legal description, you may be able to use a copy of the same attachment. I want to enter a legal description here I will attach the legal description to the document Legal Description*Enter the legal description for the property. To find the legal description, look at the deed that conveyed the property to the current owner. Property Address* Does this property have a home, building, or other structure located on it? Yes No Property Tax Number Enter the used to identify the property for local property tax purposes. It may go by different names, depending on the county. To locate it, look at prior tax statements, the prior deed to the property, or the city or county property tax records. Most counties have online search tools to search the property tax records. Leaving this answer blank will insert a blank space on the document to be filled in later. Indexing Instructions*Enter the indexing instructions. This information is required in your state in order to follow the chain of title. The indexing instructions provide identifying information about the property—such as the lot number, section, township, range, and subdivision (when applicable). You can usually copy the indexing instructions from the prior deed. Prior Deed InformationEnter information about the deed that transferred the property to the owner that is currently transferring the property. This information is used to connect the chain of title between owners.Prior Transferor (Grantor) Name*Enter the name of the owner or owners that transferred the property to the person who is currently transferring the property. This is usually the person listed as "Grantor" in the most recently recorded deed. Prior Deed Title*Enter the title of the deed or other instrument that that transferred the property to the person who is currently transferring the property. This is usually the person listed as "Grantor" in the most recently recorded deed. Prior Deed Recording Information*Fill in the blank for the Instrument Number or Book/Page Number: The prior instrument was recorded _________. This information is usually stamped on the document by the clerk at the time that the document was recorded. Examples: "as Instrument No. 2011013487" or "in Book 8B at Page 38" Prior Deed Signing Date*Enter the date that the prior instrument was signed. If more than one owner signed the prior instrument, enter the date of the last signature. MM slash DD slash YYYY Prior Deed Recording Date*Enter the date that the prior instrument was recorded. The date would have been stamped on the prior instrument by the clerk at the time that the prior instrument is recorded. MM slash DD slash YYYY Title Insurance Information*State law requires the deed to state either the name of the title insurance underwriter insuring the deed or a statement that the existence of title insurance is unknown. If you do not plan to purchase a title insurance policy, choose the first option. No title insurance will be issued in connection with this deed Title insurance will be issued in connection with this deed The existence of title insurance is unknown Title Insurer*List the name of the title insurance underwriter that will insure the deed. Transfer Tax Exemptions applies to transfers of real estate. Some deeds are exempt from , as long as the basis for the exemption is stated on the deed or a related document. This section helps you determine whether the transfer is exempt from . If so, our software will include (or provide instructions for how to include) the required statement on the deed or a related document. Accept the default transfer tax exemption?* Yes No Transfer Tax Exemptions*Select the transfer tax exemption that applies to this transfer (if any). Test Informational Return Exemptions You may be required to file an informational return known as a when you file your deed. Although this form is not complex, some people wish to avoid filing it if an exemption applies. This section allows you to determine whether an exemption applies. If so, your deed will include language that matches the choice you make in this section. Informational Return Exemptions*Select the Informational Return exemption that applies to this transfer (if any). – Fill Out Other Fields – California Recording FeeFor transfers after January 1, 2018, Cal. Gov’t Code § 27388.1 imposes an additional $75 recording fee on any "real estate instrument, paper, or notice required or permitted by law to be recorded." The term real estate instrument is broadly defined and generally includes all deeds to California real estate. A Note on Transfers to California Trusts: Although the language of the exemption specifically refers to "a transfer of real property that is a residential dwelling to an owner-occupier," we have heard from customers that local tax offices are treating a transfer to a trust as a transfer to an owner-occupier. Selecting Document is a transfer of real property that is a residential dwelling to an owner‐occupier below could avoid the $75 recording fee. Please check with the county recorder for specific requirements or if you have any questions. Recording Fee Options*There are a few exceptions to the $75 recording fee. To claim an exemption, the deed or other instrument must include a declaration of exemption specifying the reason for exemption. If the transfer is exempt from transfer tax, do not choose the first option. Document is a transfer of real property subject to the imposition of transfer tax. Document is a transfer of real property that is a residential dwelling to an owner‐occupier. Document is recorded in connection with an exempt transfer of real property (i.e., subject to transfer tax or owner‐occupied). The maximum fee of $225 per transaction is reached. None of these apply Interest ConveyedEnter the following information about the interest conveyed. As a general rule, if all property owners are signing the deed (which is usually recommended), then the deed should convey the entire property. Interest Conveyed*If this document deals with only a partial interest in the property, select "Partial Interest." Otherwise, select "Entire Interest." Entire Interest Partial Interest Partial Interest*This document relates to an undivided ___ interest in the property (e.g., 1/2, 50 percent). Signing Information (Optional)Enter the following information about the place and date of signature. If you are unsure when or where the document will be signed, or if the document will be signed by different owners in multiple states, click Next to skip to the next section. Signing StateSelect the state in which this document will be signed. If unsure, leave blank. AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyomingHiddenblank signing_county_cy HiddenSigning Jurisdiction– Fill Out Other Fields –HiddenSigning Date MM slash DD slash YYYY Document OptionsThe options below can help further customize your document to meet your preferences. Hiddendocument_storeHiddensource_tf True False Hiddensource_token Hiddenpassthrough_token Hiddenedit_link Routing Options Send to Admin Return to Browser Only Send to Reviewer Send to Other Send to Preparer Add Another Email Select Reviewer– No Results –HiddenFile Format*PDF files do not require word processing software like Microsoft Word. The disadvantage of PDF files is that they are difficult to edit after assembly (although you can always contact us if you need to change your answers). Microsoft Word files can be edited in Microsoft Word (or compatible software) after the document is created. PDF (.pdf) files Microsoft Word (.docx) files Fix formatting errors?Our software will look for items like improper capitalization and attempt to correct them. If you would like to turn this feature off, select No. It is usually best to leave the answer as Yes. Yes No Terms of Use*Your use of the information and tools provided on this site, including any calculators, our software, and the documents generated by the software (collectively, this “site”), is governed by these Terms of Use. By using this site, you are agreeing to each of the terms described in these Terms of Use. No Attorney-Client Relationship This site does not and cannot create an attorney-client relationship with Trusted Deeds or any law firm or any attorney. Your use of this site does not include any legal advice, explanation, opinion, or recommendation about your possible legal rights, remedies, defenses, options, selection of forms, or legal strategies. No Tax Advice The information contained in this site does not constitute tax advice. Any discussion of tax matters contained in this site is not intended or written to be used, and cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing or recommending to another party any transaction or matter. Self-Representation We will not provide any service other than access to our drafting software, which you use at your own risk, and related non-legal services. You are representing yourself in any legal matter you undertake through our site. Our service is not a substitute for the advice of an attorney. We will not provide any legal advice, and your communications with us are not protected by the attorney-client privilege or work product doctrine. Information on This Site This site provides an online legal portal to give visitors a general understanding of the law. It also provides an automated software solution to individuals who choose to prepare their own legal documents. The information published on this site is only general information on issues that are commonly encountered. Although we try to ensure that the information on our website and documents are up-to-date and legally sufficient, the legal information on this site is not legal advice and is not guaranteed to be correct, complete or up-to-date. Because the law changes rapidly, is different from jurisdiction to jurisdiction, and is also subject to varying interpretations by different courts and certain government and administrative bodies, we cannot guarantee that all the information on the site is completely current. The law is a personal matter, and no general information or legal tool like the kind we provide can fit every circumstance. You should not rely upon this site as a substitute for seeking legal advice from an attorney. The information on this site is general information only and is not specific to your situation. If you have specific legal questions, you should consult with an attorney. No Responsibility We are not responsible for any loss, injury, claim, liability, or damage related to your use of this site or any site linked to this site, whether from errors or omissions in the content of our site or any other linked sites, from the site being down or from any other use of the site. In short, your use of the site is at your own risk. THIS SITE IS PROVIDED AS-IS WITH NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ASSUME COMPLETE RESPONSIBILITY AND RISK FOR USE OF THIS SITE. Trusted Deeds expressly disclaims all liability, loss or risk incurred as a direct or indirect consequence of the use of this site. By using this site, you waive any rights or claims you may have against Trusted Deeds in connection with their use. Trusted Deeds does not endorse, and is not responsible for, any third-party content that may be accessed through this site. Legal Use of this Site You agree to use this site in compliance with all applicable laws, including your state’s property transfer and recording laws and all applicable tax laws. You also agree to indemnify and hold Trusted Deeds harmless from and against any and all claims, damages, losses or obligations arising from any use of this site that is illegal or improper. Information You Provide Once they are recorded, deeds are a matter of public record. The information that we require to prepare the deed includes only the minimum amount necessary to identify the parties, the property, the preparer, and other elements. We anticipate that all of this information will become a matter of public record when the deeds are filed. As part of the normal operation of the underlying software, our platform stores information that you have entered (as well as a copy of the formation documents generated based on such information) so that the underlying software can operate as designed. By using our software, you confirm that you have authority to share any information that you furnish. Trusted Deeds disclaims any and all liability in connection with the collection, use or disclosure of the information furnished by you or otherwise collected by this tool. Future Modification Trusted Deeds at its sole discretion and at any time may choose to change the terms, conditions, content and operation of this site without any obligation to notify any person, including any prior user of this site. Trusted Deeds also reserves the right to refuse to provide access to this site, and it shall not be liable for any losses resulting from such refusal. I agree to the Terms of Use DeedHiddenOptionStandardTotal $0.00 Preparer InformationEnter the following information about the person preparing this document. Under state law, a preparer must be either a state attorney or a party to the deed. Under state law, the preparer of a deed must be identified on the face of the deed. The preparation or facilitation of documents other than by an attorney may constitute the unauthorized practice of law. This rule generally does not apply if the preparer is a party to the document, though some states limit this exception in the real estate context to deeds prepared by the person receiving the property (the grantee). The person named in this section will be identified as the preparer of the document and should be a party to the document. Hiddenlxrl_preparer_type* Individual Gender* Male Female First Name* Middle Name Last Name* Name SuffixJr.Sr.IIIIIIVEsq.Firm or Company (Optional) Hiddenpreparer_full_name Do you want to correct your email address? Once complete Click Here Address* Street Address Address Line 2 City State AlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU.S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific ZIP Code Phone*The preparer's phone number will be included on the preparer information statement on the deed. Is this person an attorney?* Yes No Bar Number (Optional)Use the full context. For example, if your Texas bar number is 12345, enter "Texas Bar No. 12345" instead of just "12345." Return recorded documents to different address?*After signing and notarizing the deed as described in the instructions we will provide, you will record (file) the deed in the land records. If you would like the recorded deed to be returned to an address other than the one listed above, select Yes and enter the address below. Otherwise, select No. Note that property tax statements may be returned to the same address where the documents are returned. Yes No Return-To AddressEnter the name and address where the documents should be returned once they are recorded. Hiddenlxrl_returnto_type Individual Name* Address* Street Address Address Line 2 City State AlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU.S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific ZIP Code Delivery E-mail AddressThe documents will be delivered to the email address listed below. It is important to enter a valid e-mail address and to check that e-mail address for any correspondence from us. We do not sell your e-mail address or use it for anything other than communicating with you about this matter.E-mail Address* Enter Email Confirm Email loading entry template Final Review The completed 1 will be delivered to you by e-mail at 1. If that e-mail address is incorrect, please use the Previous button below to correct the e-mail address before submitting this form. Warning: Power of Attorney Discrepancy | It looks like you indicated that an agent under a power of attorney would sign the deed on behalf of one or more of the current owners, but failed to identify an owner that is represented by the agent under the power of attorney. You may want to review your answers before clicking the Finalize button below. If no current owner (grantor) is being represented by an agent under a power of attorney, click here to return to the Special Circumstances screen and change your answer. If an agent under a power of attorney will sign documents on behalf of a current owner (grantor), click here to return to the Current Owner Information screen, then click Edit by the owner that is represented by an agent and enter the agent's information. Your documents delivered to 1 may be delivered to your spam folder. Please check this folder if you do not recieve your documents. If you want to change your email Click Here Warning: Duplicate New Owner Entry | It looks like you entered the same person on both the Current Owner Information screen and the New Owner Information screen. If your goal is to add an owner to the title to the property, you should only list the person being added to the property on the New Owner Information screen. You may want to check this before clicking the Finalize button below. Click here to review your answers. General Details Edit Property Location: Deed Type: Special Circumstances Edit Signed by agent under power of attorney? No Are any of the current owners deceased? No Goal Edit What are your goals for this deed? Current Owner ( That Owns Property Before the Deed is Signed) Edit New Owner ( That Will Own Property After the Deed is Signed) Edit Warranty of Title Edit Warranty of Title Selected: Deed Consideration Edit Consideration: Legal Description Edit Legal Description Option: Interest Conveyed Edit Interest Conveyed: Signing Information Edit Signing State (Optional): Unanswered (to be filled in on document at signing) Preparer Information Edit Gender: Name: Email: Address: Attorney? No Different return-to address? No Δ
