What Is a Trust Transfer Deed?
A Trust Transfer Deed is used in California to transfer real property into or out of a living trust. It is typically a Grant Deed or Quitclaim Deed that includes specific language identifying the trust as the receiving party. California's Proposition 19 governs reassessment rules for trust transfers, and proper recording is essential to establish the transfer date for tax purposes.
When to Record a Trust Transfer Deed
You need a Trust Transfer Deed when placing property into a revocable living trust as part of your estate plan, removing property from a trust for sale or refinancing, transferring property to a successor trustee after the original trustor's death, or updating a trust after a name change or amendment.
Built for Professionals & Individuals
- Estate planning attorneys setting up or modifying revocable living trusts
- Individuals transferring their primary residence or investment properties into a trust
- Successor trustees administering an estate after the original trustor's death
- Real estate attorneys handling property transfers in probate or trust administration
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Trust Transfer Deed Recording FAQ
Is a Trust Transfer Deed exempt from property tax reassessment?
Trust transfers between spouses or from parent to child may qualify for exclusion from reassessment under Proposition 19. The exclusion is not automatic — a claim form must be filed with the county assessor. Consult a tax professional about filing the exclusion claim.
Does a Trust Transfer Deed require a PCOR?
Yes. California requires a Preliminary Change of Ownership Report (PCOR) or Transfer Declaration to be filed with any deed conveying real property, including Trust Transfer Deeds.
Can I transfer a property with a mortgage into a trust?
Generally yes. The Garn-St Germain Act protects borrowers who transfer property into a revocable living trust of which they are a beneficiary. However, always check with your lender before recording.
How long does Trust Transfer Deed recording take?
Most Trust Transfer Deeds submitted through eFileRecorder are recorded within 24-48 business hours.