How to Transfer a Deed Title to a Trust
Establishing a trust is an essential step in an estate plan. Many people spend thousands of dollars to have a trust written exactly to their wishes but then never fund the trust. This means that the accounts and assets are never transferred in title to the trust. If this is not done, the trust serves no use. Transferring a property deed title into a trust is simple with the right paperwork.
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Instructions
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How to Transfer a Deed Title to a Trust
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Review the existing trust to ensure it has provisions for the real estate property. If it doesn't, seek an attorney to revise the trust to include this asset.
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Obtain a "warranty deed" from a place such as NuppLegal.com. To transfer the title deed, paperwork will need to be filed at the County Clerk where the deed is filed. Check with your County Clerk's office to see if they can provide you with the required form.
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Fill the form out completely and have it signed by all names listed on the title deed. The person who owns the property is the "grantor" and the trust is the "grantee." Be sure the grantee name appears exactly as the trust is titled to prevent any disputes over the validity. Sign the form.
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Go to the County Clerk and file the form. There may be a nominal fee ($15 is common) to process the warranty deed form.
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Obtain a copy of the filed warranty deed with the County Clerk's date stamp and include it with the trust documents.
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Tips & Warnings
Don't use a quit claim deed to move assets into a trust. This is a common mistake and not legal. Quit claim deed forms are used to move assets from individuals such as family members, but not into a trust.
