How to Put Your Property into a Trust Without a Lawyer
If you have a Living Trust but haven’t transferred your property into it, you might as well not have one at all. Many people assume that simply having a Trust will protect their assets from probate, but unless the Trust owns the property, it’s legally irrelevant.
The Probate Nightmare: A Real Case Example
We had a client whose mother did everything right—almost. She had a Living Trust in place, thinking she had secured her assets for her family. But for some reason, she never transferred her property into the Trust. When she passed away, her son thought he was covered—until he realized the property was still in her name.
Instead of a seamless transfer, he had to go through probate court—a process that took three years and cost him thousands of dollars in legal fees, court costs, and unnecessary stress. Probate is slow, expensive, and entirely avoidable.
How to Transfer Your Property into Your Trust
Good news: You don’t need a lawyer to put your property into your Trust. Here’s how you can do it yourself:
1️⃣ Get Your Most Recent Deed
- Visit your County Recorder’s Office or check their website to get a copy of your current property deed.
2️⃣ Draft a New Deed
- You need to prepare a Quitclaim Deed (or another appropriate deed for your state).
- This deed transfers ownership from you as an individual to you as the Trustee of your Trust.
- Online services or offices like ours can help you prepare this document.
3️⃣ Sign in Front of a Notary
- Most states require you to sign the deed in the presence of a notary public to make it legally binding.
4️⃣ Record the Deed
- Take the signed deed to the County Recorder’s Office and officially record it.
- Pay the necessary filing fee to complete the process.
If you’ve gone through the effort of creating a Trust, don’t leave your property vulnerable to probate. Transferring it into your Trust is a simple but crucial step. If you need help preparing a deed, contact us—we assist homeowners every day in protecting their assets and ensuring their loved ones avoid the probate nightmare.
Need help setting up a Trust or putting your property in your Trust if you already have one? Please contact our office here or call us at 760-754-9059.
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