This short article describes how to transfer your home title to a simple revocable trust. It is a general description and you should seek competent legal advice before completing such a transfer.

But first, a quick review: your trust must possess something to be valid. This is called “funding” your trust. Your home is one of the main assets that your trust must own to avoid probate after your death.

For example, if the deed to your home states that you, individually, are the owner, then your loved ones (beneficiaries) will not have legal authority to transfer the title to themselves when you die. They cannot sign your name on a new deed, even if you had previously granted them a financial power of attorney (in California, for example, a power of attorney is automatically terminated upon death). Then they must go to court, open a probate case, and ask the judge to transfer the title. This is a very time consuming and expensive task.

To avoid this problem, the title to your home will transfer to your trust during your life. Remember, each trust will have a “trustee” whose job it is to manage the assets owned by the trust. If it is your trust, the trustee has probably been appointed.

Title to all property that is owned by a trust is actually owned by the trustee of the trust.

For example, before John Doe created his new trust, his deed stated that the title to his home was owned by “John Doe” (individually). Now that John Doe has created his new trust, he will execute a new deed transferring title from “John Doe” to “John Doe as trustee of the John Doe Revocable Trust.” It really is that simple.

Of course, the new deed must be registered with the Recorder’s Office in the county where the home is located.

Remember, the John Doe trust will also have named a “successor trustee”, who will fill that position when John is incapacitated or dies. At that time, the successor trustee will have full legal authority to do what the terms of the trust tell him to do, including transferring title to the home to John’s beneficiaries.

You should consult with a local attorney to determine the particular type of deed that should be used to transfer title to the trustee. Hopefully, your revocable trust was created by a qualified attorney who completes all of these tasks and sees to it that the deed is properly recorded.

Transferring your home title to your trust is a relatively simple but important step. Again, seek the advice of a qualified attorney to assist you.