How to Transfer Real Estate Into a Living Trust | Step-by-Step Guide

Wondering how to transfer real estate into a living trust? It’s one of the smartest ways to protect your assets and avoid probate.

A deed proves who owns a property. Placing that property into a living trust keeps control in your hands and helps your family avoid probate.

There are two main types of trusts: revocable and irrevocable. A revocable trust lets you make changes if your situation shifts. An irrevocable trust is far harder to change, so talk with an attorney before choosing.

To transfer your property, you and any co-owners sign a deed in front of a notary. The notary confirms your signatures with an official seal. Next, you or your attorney prepare a new deed—often a grant deed or a quitclaim deed, depending on your state.

Record that deed with your local office, such as the recorder’s office or county clerk. If you don’t record it, the transfer may not be valid.

Have a mortgage? Notify your lender so they can update the loan paperwork. Also, update your homeowner’s insurance and any other policies. Finally, check with your title company to ensure your title insurance coverage still applies after the transfer.

• American Bar Association – Revocable vs. Irrevocable Trusts

• Nolo – How Living Trusts Work