Property Deed and Recording – Funding the Trust in Utah

Creating a revocable living trust is a critical step in protecting your assets and ensuring they pass smoothly to your loved ones. But one of the most common — and costly — mistakes families make is stopping there.

A trust only controls the assets that are titled in its name. If you don’t properly “fund” your trust by transferring property into it, your estate may still go through probate, defeating one of the main purposes of having a trust in the first place.

At Cutler | Riley, we guide Utah clients through the essential process of property deed transfers, recording, and trust funding — ensuring your estate plan actually works when it’s needed most.

What Does “Funding a Trust” Mean?

“Funding a trust” simply means transferring ownership of your assets from your individual name into the name of your trust. This process is essential because your trust only governs property that is legally owned by it.

For real estate — often the most valuable part of an estate — this involves preparing a new deed that names your trust as the owner and recording it with the county recorder’s office.

Without this step, the property remains in your individual name and will likely have to go through Utah probate court even if you have a trust in place.

Why Proper Deeding and Recording Matter

Many people mistakenly believe that signing a trust document is enough to avoid probate. In reality, the trust only applies to property titled to it. If a home, rental property, or parcel of land remains in your personal name, it will not pass through the trust and will instead be subject to probate.

Here’s why proper recording matters:

  • ✅ Avoid Probate: Property properly titled in a trust passes directly to beneficiaries without court involvement.

  • ✅ Prevent Errors: Mistitled or unrecorded deeds can lead to delays, disputes, or legal challenges.

  • ✅ Avoid Ancillary Probate: If you own property in more than one state, titling each property into the trust helps you avoid probate in multiple jurisdictions.

The Process of Transferring Real Estate Into a Trust

At Cutler | Riley, we handle the entire deed preparation and recording process for you. Here’s how it works:

  1. Review Existing Title: We start by reviewing your current deed to ensure there are no errors, liens, or ownership issues.

  2. Draft a New Deed: We prepare a new deed (usually a Warranty Deed or Quitclaim Deed) transferring ownership from you as an individual to you as trustee of your trust.

  3. Execution and Notarization: You sign the new deed in the presence of a notary public.

  4. Recording with the County: We submit the deed to the appropriate Utah county recorder’s office (such as Salt Lake, Utah, or Davis County) for official recording.

  5. Confirmation & Trust Funding: Once recorded, the property is legally owned by the trust and fully integrated into your estate plan.

Utah-Specific Deed and Recording Requirements

Utah has its own rules for property transfers, and errors in the process can invalidate your trust funding. Important considerations include:

  • Legal Description: The new deed must include the property’s full legal description — not just the street address.

  • Proper Trustee Language: The deed must identify the trustee and the full name and date of the trust.

  • Recording Fees: Each county charges a recording fee (typically $40–$50 per deed).

  • Notarization: All deeds must be properly signed and notarized before they can be recorded.

  • County Deadlines: Some counties require prompt recording to avoid delays or complications.

We ensure every legal requirement is met so your transfer is valid and your trust is properly funded.

What Happens If You Don’t Fund Your Trust?

Failing to transfer real estate into your trust can undermine your entire estate plan. Common consequences include:

  • Probate: Property still in your name must go through the Utah probate process, even if you have a trust.

  • Delays: Beneficiaries may wait months or years to receive property.

  • Disputes: Heirs may contest ownership or challenge outdated documents.

  • Increased Costs: Court fees, attorney’s fees, and appraisal costs can significantly reduce the estate’s value.

If you’ve already created a trust but haven’t transferred all your property, it’s not too late — we can help you complete the process.

Funding Other Assets (Beyond Real Estate)

While real estate is often the most significant asset to transfer, trust funding goes beyond property deeds. A complete funding strategy should also include:

  • Bank accounts and investment accounts – retitled into the name of the trust.

  • Business interests – assigned to the trust through membership interest transfers or stock assignments.

  • Life insurance and retirement accounts – updated beneficiary designations where appropriate.

We’ll review every asset to ensure it’s properly titled and aligned with your trust.

How This Fits Into a Complete Estate Plan

Deed preparation and trust funding are part of a larger estate planning strategy. To ensure your plan is comprehensive, we also recommend:

Our Process: Seamless and Stress-Free

  1. Initial Review: We examine your trust, deeds, and asset titles.

  2. Deed Preparation: We draft legally compliant deeds to transfer property into the trust.

  3. Recording: We handle all recording and communication with the county recorder’s office.

  4. Verification: We confirm proper recording and provide copies for your records.

  5. Comprehensive Funding: We help ensure all other assets are properly titled.

Take the Next Step

Creating a trust is just the first step. Properly funding that trust — especially by transferring and recording your real estate — is what makes your estate plan work.

Contact Cutler | Riley today to schedule a consultation and let us ensure your property deeds are properly prepared, recorded, and aligned with your estate plan.