How to Deed Property to My Children in a Trust

Quitclaim deeds must be signed and notarized before being filed.

A trust is a legal instrument that can "hold title to property for the benefit of one or more other persons or entities," according to the website FreeAdvice.com. Persons engaging in probate planning must leave specific directions within the scope of the law to surviving children upon death. Without a Last Will and Testament or a Trust, the decedent estate is considered intestate and the court follows state laws to distribute the property.

Instructions

1. Hire an attorney to set up your trust. List the property by address and legal description in your trust's schedule. Alternatively, use an online legal service such as Legal Docs or Legal Zoom to create a trust and include the property.

2. Get a quitclaim deed. Purchase a quitclaim deed from a local office supply store or obtain one in the property appraiser's or tax collector's office of the county where the property is located.You could also review your state's statutes to find a quitclaim template.

3. Complete the quitclaim deed form. Name yourself (and your spouse, if applicable) as the "Grantor" and your trust as the "Grantee." List your children as the "Trustees." Include the property address and legal description in the quitclaim deed.

4. Notarize the deed. Sign the quitclaim deed before a public notary and a witness. You will need a form of official state identification or military ID.

5. File the quitclaim deed. Submit the quitclaim deed with the county property recorder's office or property appraiser's office and pay the filing fee.

References

• Nolo: Deed FAQs
• Real Estate Lawyers: Property Deed
• Free Advice: Trusts