How to Record a Trust Transfer Deed

By John Cromwell

Trust Transfer Deeds are used to create revocable living trusts. These legal devices transfer property a donor owns into the trust he creates. The donor would retain control of the property, as a trustee, and is subject to all relevant obligations of that position. Many states require that any documentation involving the transfer of real estate, including trust transfer deeds, be recorded at the local recorder’s office. The recorder’s office is the centralized location for a county’s public records.

Trust Transfer Deeds are used to create revocable living trusts. These legal devices transfer property a donor owns into the trust he creates. The donor would retain control of the property, as a trustee, and is subject to all relevant obligations of that position. Many states require that any documentation involving the transfer of real estate, including trust transfer deeds, be recorded at the local recorder’s office. The recorder’s office is the centralized location for a county’s public records.

Step 1

Identify all real property you wish to transfer into the revocable living trust. Each piece of real property requires a separate deed to transfer it into the trust.

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Step 2

Review local and state statutes to determine recording requirements. Recording requirements vary based on the state and county where the trust is located.

Step 3

Draft the trust transfer deeds in accordance with state requirements. While deed requirements will vary, most deeds are required to be in writing. Each deed should describe the property, establish where the property is located, name who is transferring the property and identify the trust that is receiving it. Most states also require that the deed be signed by the donator and notarized by a notary public. Sample trust transfer deeds may be available online.

Step 4

File the document at the appropriate recorder’s office. The deed for each piece of real estate transferred into the trust should be recorded in the county where the property is located. So if a trust receives two pieces of real estate in county A and B respectively, one deed would be recorded in the recorder’s office of county A and one deed in the office of county B.

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How to Transfer Property Held in a Trust

References

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