How to Transfer Property Deeds from a Trust in California
Property deeds are documents that physically represent an ownership interest in real property. Property deeds can be held by a trust, a legal device that permits ownership of property via a trustee. When held by a trust, property deeds are titled in the name of the trust itself. Only the trustee has the power to transfer property from a trust to another individual or entity in California. Nevertheless, it is often the case that the creator of a trust, the settlor, is also the trustee.
Instructions
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Visit your local law library and obtain a grant deed form. The law library can usually be found within courthouses. Fill out the grant deed with the name of the trust, the legal description of the property and the name of the grantee. The legal description of the property can be obtained at the County Recorder's office. Sign and date the grant deed as trustee.
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Request that a notary public notarize the grant deed. Make several copies of the grant deed and give the original to the grantee. The grantee should record the deed with the County Recorder's office.
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Obtain a preliminary change of ownership report document from your local County Assessor's office. Fill out the document with the name of the trust as the transferor, the name of the grantee, the parcel number, the property address and the address of the grantee. Fill out the remainder of the form which asks various questions regarding the property transfer. Upon completion, certification and signature by the grantee, the document must be filed with the County Assessor's office.
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Tips & Warnings
There are other grant deed forms that may be completed including a quitclaim deed, which transfers the property "as is" without warranties. Consider whether you wish to transfer the property with or without warranties, as it can affect your liability.
This article does not constitute legal advice. See an attorney.