How to Put My House in a Trust

By Anna Assad

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.

Step 1

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.

Step 2

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.

Protect your loved ones. Start My Estate Plan

Step 3

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.

Step 4

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.

Step 5

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.

Step 6

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.

Step 7

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.

Step 8

Add the home to the trust agreement's property list. Attach the certified deed copy to the trust agreement.

Protect your loved ones. Start My Estate Plan
How do I Transfer a Title of Property From a Person to an LLC?


Related articles

How to Transfer Property to an Irrevocable Trust in Pennsylvania

During the estate planning process, an individual known as the settlor may choose to establish and place select assets in an irrevocable trust. Upon the death of the settlor, an irrevocable trust generally conveys a portion of trust assets to beneficiaries named in the trust agreement with the remainder passing to future generations depending on the terms of the agreement. In Pennsylvania, as in other states, the intent is often to bypass the probate process and avoid any estate taxes that would be due if all assets went directly to devisees or beneficiaries under a last will and testament.

How to Disclaim a Beneficiary Deed in Arizona

Since 2001, the state of Arizona has allowed property owners to sign and record a beneficiary deed conveying property directly to a named beneficiary upon the death of the grantor -- the property owner who signs the deed. The beneficiary deed allows a homeowner to pass property to his heirs without having to set up a trust or have the transfer go through probate. The property remains part of the estate and may be taxable as such, although it avoids gift taxes. In addition, anyone named as the beneficiary may disclaim it.

How to Remove a Spouse's Name Off a Title at the DMV in California in a Divorce

Even if you've kept your divorce private, the California Department of Motor Vehicles needs to know. California car owners are required to report any change in ownership to the DMV, and that includes deleting the name of an owner. You have to follow the same procedure as for a vehicle sale, with certain exceptions that will save you money.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help. Wills & Trusts

Related articles

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 ...

How do I Change a Quit Claim Deed in New Hampshire After a Divorce is Final?

A quitclaim deed conveys title to New Hampshire real estate without the guarantees typically included in a warranty ...

How to Fill Out the Deed of a Trust to Secure Assumption

A deed of trust to secure assumption is not a property ownership document. Some states, such as Texas and California, ...

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 ...

Browse by category
Ready to Begin? GET STARTED