🏡 Introduction

For most families, the home is the single largest asset in their estate. If it’s not properly titled in your revocable living trust, your loved ones may still have to go through probate—even if you did everything else right.

Transferring property into your trust isn’t just a paperwork exercise. It affects legal ownership, lender relationships, insurance, and taxes. This article explains what “funding” your trust with real estate really means, outlines the typical steps, and highlights common mistakes you’ll want to avoid.

📖 What It Really Means to “Transfer Property into a Trust”

When your attorney drafts your revocable living trust, the trust is like an empty container. To actually protect your home from probate, the property needs to be retitled so the legal owner on record is your trust—not you as an individual.

• Before funding: the deed might list “John and Maria Smith, as joint tenants with right of survivorship.”
• After funding: the deed might list “John and Maria Smith, Trustees of the Smith Revocable Living Trust dated [date].”

Once the deed is properly recorded, the trust—not your probate estate—controls what happens to the property when you pass away or become incapacitated.

1️⃣ Step 1: Confirm How Your Property Is Titled Today

Before you change anything, you and your attorney need to know exactly how the property is held now. This usually means reviewing a copy of your current deed, not just your mortgage statement.

• Is the property in your individual name, jointly with a spouse/partner, or held in another way (like tenants in common)?
• Does the deed already reference a previous trust or special form of ownership?
• Does the property sit inside an LLC or other entity that might need its own planning?

Your attorney will typically ask you for a copy of the most recent recorded deed so they can see the exact legal description and owner names.

2️⃣ Step 2: Choose the Right Deed with Your Attorney

In most states, transferring your home into your trust involves signing a new deed that changes the owner to your trust. The type of deed your attorney uses will depend on your state and situation.

Common deed types used in trust transfers

• Quitclaim deed – Transfers whatever interest you have in the property to the trust without additional guarantees about title.
• Warranty or special warranty deed – Provides certain title warranties; sometimes preferred depending on your state and the property’s history.
• Transfer-on-death (TOD) deed (in some states) – Doesn’t transfer ownership right now, but names who should receive the property at death without probate.

Important: Deed rules are very state-specific. Always have a qualified attorney prepare or review any deed involving a trust.

3️⃣ Step 3: Coordinate with Your Lender and Insurance

If your property has a mortgage or home equity line of credit, your attorney may recommend notifying the lender before or after the transfer is recorded. Federal law generally allows transfers into certain types of living trusts without triggering the loan’s “due-on-sale” clause—but lenders still like to know who holds title.

• Lender: Ask if they have a standard process for transferring title to a revocable living trust and whether they require a copy of the trust or certification of trust.
• Homeowner’s insurance: Confirm that the trust is properly reflected as an insured party so coverage remains clear if there’s a claim.
• Umbrella or liability policies: Let your advisor know about the new ownership structure so they can keep your liability coverage aligned.

Ignoring insurance after a title change can lead to unpleasant surprises if a claim is later denied due to incorrect ownership information.

4️⃣ Step 4: Sign and Record the Deed Correctly

A deed that never gets recorded is like an envelope that never gets mailed. For your trust to clearly own the property in the public record, the new deed must be properly signed, notarized, and recorded with the right office (often the county recorder or land records office).

• Confirm signature requirements: who needs to sign, and in what capacity (e.g., individually, as trustee, or both).
• Use a proper notary and follow your state’s formatting rules for deeds.
• Pay any required recording fees or transfer taxes (your attorney can tell you whether a trust transfer is exempt in your state).

After recording, ask for a certified copy of the deed and keep it with your trust documents.

5️⃣ Step 5: Update Related Records (Taxes, HOA, and Mail)

Once the deed is recorded, there may be several follow-up steps to keep everything consistent.

• Property tax office: Confirm that the mailing address and ownership records reflect the trust where appropriate.
• Homeowners association (HOA) or condo association: Provide updated owner information if your community requires it.
• Mail and statements: Make sure you’re still receiving notices, tax bills, and insurance correspondence at the correct address with the correct owner name.

Your day-to-day life at the property usually doesn’t change—you can still live there, refinance, remodel, and sell. The trust simply becomes the legal owner behind the scenes.

⚠️ Common Mistakes When Transferring Property into a Trust

• Never recording the deed: Signing a deed and leaving it in a drawer means the public record still shows you (not your trust) as owner.
• DIY deed templates without legal review: Small errors in the legal description, names, or trust reference can cause big problems later.
• Ignoring community property or marital rights: In community property or equitable distribution states, failing to coordinate with your spouse’s rights can create conflicts.
• Not updating insurance: If ownership changes but your policy doesn’t, you may run into coverage disputes after a claim.
• Assuming a TOD deed and a trust transfer are the same thing: They’re different tools with different timing and control. In some cases, your attorney may prefer one approach over the other.

A quick review with a qualified estate planning attorney can prevent issues that might take months or years to untangle later.

🧩 How This Fits into Your Overall Trust Funding Plan

Transferring your home into your trust is just one part of a complete funding plan. To truly keep your loved ones out of probate, your attorney will help you coordinate:

• Real estate transfers (like the one in this article).
• Non-retirement investment and bank accounts moved into the trust where appropriate.
• Beneficiary designations on retirement accounts and life insurance so they align with your plan.

If you haven’t already, use a simple checklist to track which assets have been moved into the trust and which still need attention.

Download the Revocable Trust Funding Checklist

✅ Final Takeaway

• A revocable living trust only works if you move your key assets into it—and for many families, that starts with the home.
• Transferring property into a trust involves deeds, lenders, insurance, and local rules, so it’s not something to guess at or rush through.
• Working with a qualified estate planning attorney ensures your transfer is properly documented, recorded, and aligned with the rest of your plan.

Use this article as a checklist of talking points for your next meeting: ask your attorney exactly how your property will move into the trust, who will prepare the deed, and how you’ll confirm that the transfer is complete.