How to Transfer a Title in a Living Trust After Death

A title to a home can be transfered to a trust after death.

A common component of a basic estate plan is a "pour-over" will created in conjunction with a living trust. In a nutshell, under this type of a plan, any property owned by the deceased person is to transfer to the living will that he created while still alive. In other words, all of the property in the will simply pours over to the trust. The executor of the will carries out the property transfers by taking the following steps.

Things You'll Need

• Assignment or deed of property

Instructions

1. Prepare an assignment or deed of property. A deed is necessary for real estate, while an assignment of property should be used for personal property.

2. Have the assignment or deed signed by the executor. The assignment or deed should include language stating that the executor, on behalf of the deceased, transfers title to the trustee of the trust.

3. Have a public notary witness and acknowledge the executor's signature. This step is only necessary for deeds, not assignments of property.

4. Take the signed, acknowledged deed to the county recorder's office and pay a small fee to have the deed recorded.

5. Deliver the signed assignment or deed of property to the trustee for safe keeping with all of the other trust documents.

Tips & Warnings

• Every will appoints an executor to handle the administrative process of transferring property to the deceased's heirs. In this case, the "heir" is the trust created by the deceased. In short, the executor is simply facilitating the transfer of property from the deceased's estate to the trust.

• Technically, an assignment of property is not required to transfer title to a trust. A simple assignment of property, however, is strongly recommended to create a paper trail. That way, if there is ever an argument over title to the property, there is written evidence of who owns what.

• An executor must carefully read the will before making any transfers of title or property out of the probate estate. If the executor transfers title to a trust, and it is later discovered that the property should have gone to somebody else, such as a surviving spouse, the executor could face significant legal penalties, including potentially paying a hefty amount in damages. Always read before you proceed.

References

• "Nolo's Make Your Own Living Trust"; Attorney Dennis Clifford; 2009