If you have a revocable Trust as part of your estate plan, you most likely want to “fund” the Trust with your real property. But, how? Funding real property into a trust involves legally transferring ownership from yourself to the Trust.

Here’s a general guide:

1. **Review Trust Documents**: Make sure your trust document allows for the transfer of real property into the trust.
2. **Prepare a Deed**: You’ll need to prepare a new deed transferring ownership of the property from yourself to the trust. It is vital to work with an experienced estate planning attorney in drafting your deed.
3. **Execute the Deed**: You will need to sign the deed in front of a notary public.
4. **Record the Deed**: Once signed and notarized, the deed should be recorded with the Recorder’s Office in the County in which the real property is located.
5. **Update Property Records**: Notify any relevant parties, such as your mortgage lender or homeowners’ association, of the change in ownership. They may require documentation of the transfer.
6. **Update Insurance and Taxes**: Make sure to update your homeowner’s insurance policy.
7. **Maintain Documentation**: Keep copies of all documentation related to the transfer of the property into the trust for your records.

It’s essential to consult with legal counsel familiar with estate planning and real estate transactions to ensure that the transfer deed is done correctly and complies with all relevant laws and regulations. You do not want to create a title issue or end up in probate court after death if the deed did not properly convey your property to your trust.

If you need help or have questions regarding how to properly “fund” your trust to avoid probate and ensure your estate plan will work as intended, call our office today at 480-922-1010 or email info@bivenslaw.com to schedule a consultation. We are here to help.