You can put your home into your trust by preparing and filing a new deed from all current owners of the home to your trust, no matter what type of trust you have. A deed is a legal paper that is proof of property ownership. Although there is more than one type of deed, a warranty deed is commonly used for a transfer by an owner to a trust. A warranty deed allows you to transfer the home without creating problems later because you are guaranteeing the home's title, or history of ownership. A warranty deed acts as certification of your right to move the home to the trust.
Get a warranty deed form for your state. Visit a local legal document or office supply store to get the document. The form already has all the wording your state requires for a legal deed.
Fill out the top line of the deed. You, as the current owner of the house, are a "grantor", as well as anyone else who owns the home with you, such as your spouse. Insert your legal name and current address. Insert the legal names and current address of any other owners after your information in the grantor section.
Fill out the second line of the deed, indicating the "grantee." The grantee refers to the trustee or trustees of the trust. Check the trust papers for the trust's name. Enter the trustees' names and addresses and then write "as Trustees of" -- and then insert the full name of the trust. Include the date the trust was created after the name of the trust.
Write in the consideration. The consideration is the amount of money paid for the transfer; you have to insert this figure if your state doesn't use a blanket number already shown on the deed form. You must pay transfer tax on this amount, so you'll want to use the lowest figure allowed in your state, such as $1.00, to avoid tax. Contact the property county clerk's or recorder's office to ask what the lowest permissible figure is.
Write the property's description in the middle part of the deed, which might be labeled "legal description" or "Schedule A." The description is the paragraph describing the property on your current deed. Copy the description from the current deed.
Take the deed form to a notary public allowed to notarize deeds in your state. All owners must bring valid state identification. Have all owners with you. Sign and date the deed in the grantor's section at the bottom. Have all other owners sign and date the deed. Ask the notary to notarize the signatures.
Bring the deed to the property's county recorder's office. Tell the clerk you want to file a deed; ask for the county transfer forms. Forms differ by county, but you typically need a transfer tax form -- even if the transfer isn't subject to tax -- and sometimes a state tax form. Complete all forms. File the deed and the forms. Ask for a certified copy of the deed. Pay any fees associated.
Add the home to the trust agreement's property list. Attach the certified deed copy to the trust agreement.
Tips
Contact the county recorder's office to find a qualified notary public.
You might need the home's property tax identification number on the deed, depending on your state. Contact the county real estate tax department to get this number.
Warnings
While you can use a quitclaim deed to transfer title, this type of deed doesn't guarantee you had interest in the home and may cause issues with future home transactions.
References
- Living Trust Network: Transferring Real Property to a Living Trust
- Paul Premack, Elder Law Attorney: Living Trust and Quitclaim Deed
- Winnebago County, Illinois: Warranty Deed Example
- Marion County Board of Community Commissioners: Instructions for Using the Warranty Deed Form
- Nelson Homes: What Happens in a Deed?
- Superior Court of California, County of Alameda. "What Are the Advantages of a Living Trust?" Accessed May 15, 2020.
- AARP. "Transfer on Death Deed (TODD)," Page 1. Accessed May 15, 2020.
- Alaska Court System. "Transfer on Death Deed - What Does the Transfer on Death (TOD) Deed Do?" Accessed May 15, 2020.
- Alaska Court System. "Transfer on Death Deed - Do I Have to File the TOD Deed in Court?" Accessed May 15, 2020.
- Alaska Court System. "Transfer on Death Deed - How Do I Revoke the TOD Deed After It Is Recorded?" Accessed May 15, 2020.
- Internal Revenue Service. "Estate and Gift Taxes." Accessed May 15, 2020.
- FindLaw. "Transfer on Death Tax Implications." Accessed May 15, 2020.
- Alaska Court System. "Transfer on Death Deed." Accessed May 15, 2020.
- Arizona State Legislature. "33-405. Beneficiary Deeds; Recording; Definitions." Accessed May 15, 2020.
- FindLaw. "Arkansas Code Title 18. Property § 18-12-608. Beneficiary Deeds--Terms--Recording Required." Accessed May 15, 2020.
- Sacramento County Public Law Library & Civil Self Help Center. "Transfer on Death (TOD) Deeds," Page 1. Accessed May 15, 2020.
- Colorado General Assembly. "Probate, Trusts, and Fiduciaries," Pages 1-2. Accessed May 15, 2020.
- District of Colombia, Office of Tax and Revenue. "Revocable Transfer-on-Death Deed," Pages 1-3. Accessed May 15, 2020.
- Hawaii State Legislature. "Uniform Real Property Transfer on Death Act." Accessed May 15, 2020.
- Illinois General Assembly. "(755 ILCS 27/) Illinois Residential Real Property Transfer on Death Instrument Act." Accessed May 15, 2020.
- FindLaw. "Indiana Code Title 32. Property § 32-17-14-11." Accessed May 15, 2020.
- Kansas Legislative Sessions. "Article 35 - Transfer-on-Death." Accessed May 15, 2020.
- Minnesota Legislature, Office of the Revisor of Statutes. "507.071 Transfer on Death Deeds." Accessed May 15, 2020.
- Missouri Revisor of Statutes. "461.025. Deeds Effective on Death of Owner — Recording, Effect." Accessed May 15, 2020.
- Montana Code Annotated 2019. "72-6-415. Optional Form of Transfer on Death Deed." Accessed May 15, 2020.
- Nebraska Legislature. "Nebraska Revised Statute 76-3402." Accessed May 15, 2020.
- Nevada Legislature. "NRS 111.771 Property Held in Beneficiary Form; Registration in Beneficiary Form; Transfer-on-Death Directions." Accessed May 15, 2020.
- State Bar of New Mexico. "Transfer on Death Deed," Pages 1-2. Accessed May 15, 2020.
- North Dakota Legislative Branch. "Chapter 30.1-32.1 Uniform Real Property Transfer on Death Act," Pages 1-3. Accessed May 15, 2020.
- Ohio Laws and Rules. "5302.23 Designating Transfer on Death Beneficiary." Accessed May 15, 2020.
- Oklahoma Tax Commission. "'Non-Testamentary Transfer–on-Death-Deed’. Title 58, §1251-§1258. Eff. Nov. 1, 2008," Pages 1-7. Accessed May 15, 2020.
- Oregon State Legislature. "Uniform Real Property Transfer on Death Act." Accessed May 15, 2020.
- South Dakota Legislature. "Part 4. Uniform Real Property Transfer on Death Act - 29A-6-403." Accessed May 15, 2020.
- Texas Constitution and Statutes. "Texas Real Property Transfer on Death Act." Accessed May 15, 2020.
- Virginia General Assembly. "§ 64.2-635. Optional Form of Transfer on Death Deed." Accessed May 15, 2020.
- Washington State Legislature. "Chapter 64.80 RCW Uniform Real Property Transfer on Death Act." Accessed May 15, 2020.
- West Virginia Legislature. "Chapter 36. Estates and Property." Accessed May 15, 2020.
- Wisconsin State Legislature. "705.15 Nonprobate Transfer of Real Property on Death." Accessed May 15, 2020.
- State of Wyoming Legislature. "HB0201 - Transfer on Death Deed." Accessed May 15, 2020.
- Gibbs Law Office. "Using a Lady Bird Deed in Florida [Overview, Pros and Cons]." Accessed May 15, 2020.
- State Bar of Michigan. "Ladybird Deed," Pages 31-32. Accessed May 15, 2020.
- Sacramento County Public Law Library & Civil Self Help Center. "Transfer on Death (TOD) Deeds," Page 3. Accessed May 15, 2020.
- Sacramento County Public Law Library & Civil Self Help Center. "Transfer on Death (TOD) Deeds," Page 5. Accessed May 15, 2020.
- Sacramento County Public Law Library & Civil Self Help Center. "Transfer on Death (TOD) Deeds," Page 4. Accessed May 15, 2020.
Writer Bio
Anna Assad began writing professionally in 1999 and has published several legal articles for various websites. She has an extensive real estate and criminal legal background. She also tutored in English for nearly eight years, attended Buffalo State College for paralegal studies and accounting, and minored in English literature, receiving a Bachelor of Arts.