[FL] As trustee of a trust, should I use a warranty deed or a quitclaim deed to transfer property to a beneficiary?

Lexi, Chatbot

I understand that navigating trust and title transfers can be complex. Have you already reviewed the terms of the trust regarding the transfer of the title?

Lexi, Chatbot

Is there a specific reason your sister is considering either the General Warranty Deed or Quitclaim Deed for this transfer?

Lexi, Chatbot

Is there anything else the Estate Lawyer should know before I connect you? Rest assured they’ll be able to help with the title transfer.

Barrister

Hello and welcome to the site. My name is Barrister and I am a licensed attorney. I understand this situation can be confusing.

Can you tell me who created the trust? Was it your sister?

Barrister

Either a General Warranty Deed or a Quitclaim Deed can be used to transfer real property out of a trust, as long as the deed is executed by the acting trustee(s) in their fiduciary capacity and properly recorded.

A Quitclaim Deed conveys whatever interest the trust holds in the property, if any, without warranties of title. This means the trust is not guaranteeing that title is clear or free of defects; it is simply transferring its interest. Quitclaim deeds are commonly used in intra-family transfers, trust distributions, or situations where the parties already know the property’s history and are comfortable accepting the property “as is” from a title perspective.

A General Warranty Deed, by contrast, provides the strongest protection to the grantee. It includes covenants that the grantor (here, the trust) owns the property, has the right to convey it, and that the title is free from undisclosed encumbrances. It also warrants against title defects arising both before and during the trust’s ownership. Because of these guarantees, warranty deeds are often preferred when there is uncertainty about the property’s title history or when a lender or title insurer requires them.

As a general legal principle recognized across jurisdictions, trustees have authority to convey trust property in accordance with the trust instrument and applicable trust law (see, e.g., Uniform Trust Code § 815, adopted in some form in many states), and the choice between a quitclaim deed and a warranty deed primarily affects the level of title protection, not the validity of the transfer itself.

In a family situation where the parties are familiar with the property, there are no known title issues, and no lender requirements, a Quitclaim Deed is typically sufficient and simpler for transferring property from the trust to your sister. If there are any concerns about title defects or future disputes, using a General Warranty Deed may provide additional peace of mind.

Barrister

A Quitclaim Deed and a General Warranty Deed are both types of deeds. If you are the trustee, you would prepare a new Quitclaim Deed listing the trust as the grantor and your sister as the grantee. You would sign it in front of a notary public and then record it with the local land records office to complete the transfer.

Barrister

I don’t know how the website’s pricing works, as I don’t work for them. However, if you already paid for a General Warranty Deed, there is no legal harm in using it if you choose to do so, even if a Quitclaim Deed would have been simpler.