How to Recover a Deed of Trust

A revocable trust can be handwritten and/or copied.

A deed of trust is a legal instrument created by a trust grantor, or person setting up a trust. It is customary for a trust grantor to hand over a deed of trust to a successor trustee, attorney or title company for safekeeping. A deed of trust is important because it offers a successor trustee instructions on how to distribute a trust's assets. The process for recovering a deed of trust is largely the same across the country. In many states, it is not necessary to record a deed of trust with the county recorder.

Instructions

1. Contact the successor trustee. It is customary for a trust grantor to hand over a deed of trust to a successor trustee once the document is notarized. This is done to ensure that the successor trustee is capable of following through with the instructions set forth by the trust grantor. It also helps a successor trustee to become familiar with trust property.

2. Contact the title company or trust lawyer who completed the original deed of trust. Title companies handle property transfers, which require an original deed of trust. In such cases, a trust grantor may have a title company remain in control of its trust portfolio documents.

3. Contact the county clerk or county Recorder's Office. Depending on state laws, a trust grantor may not be required to record an original deed of trust. However, if real estate is transferred to or from the trust, it is likely that a record is available. Visit the office serving the county in which the trust grantor or trust property is located.

4. Request a copy. Have the copy notarized by a notary public. This way the copy can be authenticated later if the original is destroyed or disappears.

Tips & Warnings

• A successor trustee is a person appointed by a trust grantor to manage a trust fund.

• A revocable or living trust is effective while the grantor is living. As a result, the grantor will have complete control and ownership of her property during her lifetime.

• Contact the grantor's family members to obtain a who's who of the trust fund if you do not know this information already.

• A successor trustee will contact any beneficiary of a trust. Request copies at this time.

References

• Oklahoma Bar Association: Do You Need a Will or Trust?
• Estate Planning Links: What Is a Living Trust?
• Find Law: Estate Planning
• Free Advice: How Do I Find Out If My Father Had a Will on File and its Contents?