How to Transfer a Deed in a Living Trust

By David Carnes

A living trust is an arrangement in which you place assets under the care of a trustee for eventual distribution to beneficiaries. One of the main advantages of a living trust is that trust assets don't go have to go through probate after you die -- instead they can be distributed to beneficiaries at any time before or after you die. A living trust can hold real estate, and the trustee's name will appear on the deed. The trustee may transfer the property represented by a deed to a trust beneficiary or even to a third party, if the terms of the trust authorize him to do so.

A living trust is an arrangement in which you place assets under the care of a trustee for eventual distribution to beneficiaries. One of the main advantages of a living trust is that trust assets don't go have to go through probate after you die -- instead they can be distributed to beneficiaries at any time before or after you die. A living trust can hold real estate, and the trustee's name will appear on the deed. The trustee may transfer the property represented by a deed to a trust beneficiary or even to a third party, if the terms of the trust authorize him to do so.

Step 1

Locate the trust deed that represents the property that is being transferred out of the trust. The trustee is normally in possession of this document. You don't need the original, however -- a copy will suffice as long as it is readable. If you can't locate a copy of the deed, go to the land recorder's office in the county where the property is located and request a copy.

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Step 2

Ask the county land recorder for a quitclaim deed template. Quitclaim deeds are often used instead of warranty deeds when transferring property out of the trust. This is done to prevent the trustee from becoming liable to the grantee in case the title to the property is defective in some way -- for example, if it is subject to an unrecorded lien.

Step 3

Fill in a legal description of the property being transferred. A street address is not enough -- instead, record the exact wording of the legal description that appears on the property's current title deed.

Step 4

Enter the names of the grantor and the grantee. The grantor is the trustee, "on behalf of the [trust name]," and the grantee is the beneficiary or a third party.

Step 5

Insert the purchase price, if the property is being sold. This is not necessary if the property is being gifted to a trust beneficiary.

Step 6

Sign the deed in the presence of a notary public, and have the notary public add his signature and seal. The grantee does not need to sign the deed.

Step 7

File the deed with the county land recorder. The land recorder will provide the grantee with a copy of the deed.

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What Is a Quitclaim Covenant?

References

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Related articles

How to Put My House in a Trust

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.

How to Transfer Real Estate to a Revocable Trust in New York State

A revocable trust, also known as a living trust, is an entity created for the purpose of managing assets, which the creator can end at any time. The trust agreement creates the trust, sets all its terms and names the person overseeing the trust, known as a trustee. Usually, if you create a revocable living trust, you're also the trustee. Once you've created a trust in New York, you fund it by transferring your assets into the trust's name. If you want to place real estate into your trust, you can prepare and record a new deed to transfer the ownership interest from yourself to your trust.

What if My House Is Not Paid for: Can I Put It in My Living Trust?

A living trust is an estate planning tool that acts as a holding area for property. A grantor -- the legal term for a person who creates a trust -- can add many types of assets to a trust, including a house with a mortgage, bank accounts and personal property. Property is placed in the trust for the benefit of the trust's beneficiaries, to whom the trust assets are distributed according to the terms of the trust. A trustee, who can also be the grantor, manages the trust and its property.

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