Deed Preparation and Recording: Transferring Real Property into a Trust

Transferring real property into a trust is a crucial step in protecting your assets and ensuring a seamless transition to your beneficiaries. Properly preparing and recording a deed ensures that your property is legally owned by your trust, safeguarding it from probate and aligning it with your estate plan.

Think your trust automatically includes your property? Without transferring the title through a recorded deed, your real estate may still go through probate. Let us help you complete this critical step to protect your legacy.

What Does Deed Preparation and Recording Involve?

Deed preparation and recording is the process of legally transferring the ownership of your real property into your trust. This ensures your property is covered by your trust and avoids probate.

The process includes:

  1. Drafting the Deed: Preparing a new deed that transfers ownership from you (as an individual) to your trust.

  2. Reviewing Legal Details: Ensuring the deed complies with state and local laws, including the correct legal description of the property.

  3. Signing the Deed: Executing the deed in compliance with legal formalities, including notarization.

  4. Recording the Deed: Filing the deed with the appropriate county recorder’s office to make the transfer official and part of public records.

Why Is It Helpful?

Preparing and recording a deed ensures that your trust fully protects your real property, avoiding probate and aligning with your estate plan.

Key Benefits:

  • Avoids Probate: Keeps your real estate out of court proceedings, saving time and money for your heirs.

  • Protects Your Legacy: Ensures your property is distributed according to the terms of your trust.

  • Provides Legal Certainty: Properly records your ownership transfer, preventing future disputes.

  • Preserves Privacy: Keeps your estate plan intact without unnecessary public disclosure through probate.

  • Simplifies Estate Management: Ensures a smooth and efficient transfer of property to your beneficiaries.

Real-Life Example:

After creating a trust, Maria thought her home was automatically included. When she passed away, her family discovered the property still listed under her individual name, requiring probate. Had Maria prepared and recorded a deed transferring her home into her trust, this expensive and time-consuming process could have been avoided.

Who Is This For?

Deed preparation and recording is essential for anyone with real property who wants to include it in their trust.

You should complete this process if you:

  • Own real estate and have a living trust.

  • Want to ensure your property avoids probate.

  • Have recently purchased property and need to align it with your trust.

  • Are updating or revising your trust and need to transfer newly acquired assets.

  • Wish to protect your property for future generations.

Common Questions

1. Do I need to transfer all my real property into my trust?
Yes, for the trust to protect your real property, ownership must be legally transferred via a recorded deed.

2. What happens if I don’t record a deed transferring my property into the trust?
If the property remains in your individual name, it will not be covered by your trust and may need to go through probate after your death.

3. Will transferring my property into a trust affect my taxes?
Generally, transferring property into a trust does not affect your property taxes, but it’s important to consult with an attorney or tax advisor for your specific situation.

4. Can I still sell or refinance the property after transferring it into my trust?
Yes, you retain full control over the property when it is held in a revocable living trust. The process of selling or refinancing may require additional steps, but it is entirely possible.

Free Consultation

Protect your real property today by transferring it into your trust. Deed preparation and recording is a critical step in completing your estate plan and avoiding unnecessary probate complications.

Click below to schedule your free consultation and ensure your property is properly transferred to your trust.

Schedule Your Free Consultation

Testimonials

"Justin made the process of transferring our home into our trust simple and stress-free. Now we know our family is protected." — Rick and Megan L.

"I didn’t realize my property wasn’t covered by my trust until Justin explained the importance of preparing and recording the deed. I’m so glad we took care of this." — David R.

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