Deed Transferring Real Property into Living Trust

This instrument prepared by:
[____________________________________]
[____________________________________]

After recording return to:
[____________________________________]
[____________________________________]

Send all future tax statements to:
[____________________________________]
[____________________________________]

Recording District: [____________] Recording District, State of Alaska

Parcel / Tax Lot No.: [____________]

TWO-INCH TOP MARGIN ABOVE — RESERVED FOR RECORDER'S USE

QUITCLAIM DEED — TRANSFER TO REVOCABLE LIVING TRUST

State of Alaska

1. GRANTOR

[GRANTOR FULL LEGAL NAME], [a married person / an unmarried person / husband and wife], whose mailing address is [____________________________________] ("Grantor").

2. GRANTEE / VESTING IN TRUSTEE

[GRANTOR FULL LEGAL NAME], as Trustee of the [TRUST NAME] dated [__/__/____], and any successor trustee then serving under that trust instrument and any amendments to it, whose mailing address is [____________________________________] ("Grantee" or the "Trustee").

The Property is conveyed to the Trustee, in trust, to be held, administered, and distributed according to the terms of the [TRUST NAME] dated [__/__/____] (the "Trust"). Title vests in the Trustee and in any successor trustee without the necessity of further conveyance, in accordance with the powers granted under the Trust and under Alaska law governing trust administration (AS 13.36.005 et seq.).

3. CONSIDERATION

This conveyance is made for estate-planning purposes only, with no change in the beneficial ownership of the Property. The consideration is nominal — Ten and No/100 Dollars ($10.00) and other good and valuable consideration — the Grantor being the settlor and a beneficiary of the Trust during the Grantor's lifetime.

4. GRANTING CLAUSE

The Grantor, for and in consideration of the sum stated above, the receipt and sufficiency of which are acknowledged, CONVEYS AND QUITCLAIMS to the Grantee, as Trustee as aforesaid, and to the Grantee's successors in trust and assigns, all interest the Grantor has, if any, in the following described real property (the "Property"), located in the [____________] Recording District, State of Alaska:

Property commonly known as: [STREET ADDRESS, CITY, ALASKA, ZIP]

Legal Description: See Exhibit A attached hereto and incorporated by reference.

TO HAVE AND TO HOLD the Property, together with all improvements, appurtenances, and hereditaments belonging to it, unto the Grantee, as Trustee, and the Grantee's successors in trust and assigns forever.

5. SUBJECT TO

This conveyance is made subject to:

(a) Real property taxes and assessments not yet due and payable;
(b) Easements, covenants, conditions, restrictions, reservations, and rights-of-way of record;
(c) Applicable zoning, platting, land-use, and environmental laws; and
(d) Any mortgage, deed of trust, or other lien of record, which the Trustee takes subject to but does not assume except as separately agreed in writing.

6. PURPOSE; HOMESTEAD / TAX-EXEMPTION CONTINUITY; TITLE INSURANCE

6.1 Estate-planning purpose. The sole purpose of this conveyance is to fund the Grantor's revocable living trust so that the Property may pass on the Grantor's death under the terms of the Trust without probate administration. The Grantor reserves all rights to amend or revoke the Trust and to direct the Trustee to reconvey the Property to the Grantor at any time.

6.2 Residential / tax-exemption continuity. The parties intend that any residential, senior-citizen, disabled-veteran, or other property-tax exemption or classification applicable to the Property (e.g., the municipal residential exemption and the senior/disabled-veteran exemption under AS 29.45.030) continue uninterrupted. Because the Grantor remains the beneficial owner and a beneficiary of the Trust, the Grantor should confirm continuity with the local assessor and re-file any required exemption application after re-titling.

6.3 Title insurance. Re-titling into a trust can affect an existing owner's title insurance. The Grantor should request an endorsement naming the Trustee as an insured, or otherwise confirm coverage continuity, with the title insurer before recording.

7. TRANSFER-TAX EXEMPTION AND GARN-ST GERMAIN RECITALS

7.1 No Alaska state transfer tax. Alaska imposes no state real-estate transfer tax, documentary stamp tax, or conveyance tax. No state transfer-tax declaration is required to record this deed. Only the recorder's per-page recording fees apply. Confirm whether any local municipal charge applies in the recording district where the Property is located.

7.2 No due-on-sale acceleration (Garn-St Germain Act). The Property may be encumbered by a mortgage or deed of trust. Under the federal Garn-St Germain Depository Institutions Act, 12 U.S.C. § 1701j-3(d)(8), a lender may not exercise a due-on-sale clause upon "a transfer into an inter vivos trust in which the borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property." This conveyance into the Grantor's own revocable living trust is such a transfer and does not accelerate or trigger any due-on-sale clause. The Grantor remains personally liable on any existing note.

8. EXECUTION

IN WITNESS WHEREOF, the Grantor has executed this Quitclaim Deed on [__/__/____].

Dated this ____ day of ______________, 20____.

GRANTOR:

____________________________________
[GRANTOR FULL LEGAL NAME]

____________________________________
[SPOUSE FULL LEGAL NAME] (joining if title is held jointly or by the entirety, if applicable)

9. NOTARY ACKNOWLEDGMENT (Alaska Statutory Form — AS 34.15.150)

On this ____ day of ______________, 20____, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared [GRANTOR FULL LEGAL NAME] [and [SPOUSE FULL LEGAL NAME]], [personally known to me OR proved to me on the basis of satisfactory evidence] to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged that he/she/they signed the same freely and voluntarily for the uses and purposes therein stated.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written.

____________________________________
Notary Public in and for the State of Alaska
My commission expires: ______________

(Affix notarial seal)

10. RECORDING AND TAX-FORM INSTRUCTIONS

1. Where to record. Record the original, signed, and acknowledged deed in the [____________] Recording District of the State Recorder's Office, Alaska Department of Natural Resources (AS 40.17.020). Alaska uses recording districts rather than counties; identify the correct district by the location of the land, and state the district name on the face of the deed.
2. Formal requirements (AS 40.17.030; 11 AAC 06.040). Use opaque white paper no larger than 8.5" x 14"; leave a 2" top margin on the first page and 1" margins elsewhere; use at least 10-point font; include the document title ("Quitclaim Deed"), the recording district, and the complete mailing addresses of the grantor and grantee.
3. No transfer tax. No Alaska state transfer or documentary tax is due (Section 7.1). Pay only the recorder's per-page recording fees and any non-standard-document fee if margin requirements are not met.
4. Update collateral records. After recording, (a) notify the property/casualty insurer and add the Trustee as a named insured; (b) confirm any residential/senior/veteran property-tax exemption with the local assessor; and (c) provide a recorded copy and a Certification of Trust (AS 13.36.079) to the title company.
5. Evidentiary effect. Once acknowledged and recorded, the deed carries the statutory presumptions of genuineness, authority, and consideration under AS 40.17.090.

EXHIBIT A — LEGAL DESCRIPTION

[INSERT THE COMPLETE LEGAL DESCRIPTION EXACTLY AS IT APPEARS ON THE GRANTOR'S CURRENT VESTING DEED. A description is sufficient for recording if it contains at minimum a section, township, range, and meridian designation, or — for subdivided property — the lot, block, subdivision name, or plat number, together with the recording district. Include the parcel/tax-lot number. Attach plats or additional pages as needed.]

____________________________________

____________________________________

____________________________________

Sources and References

• AS 34.15.010 — a conveyance of land or an interest in land may be made by deed, signed by the grantor, acknowledged or proved, and recorded.
• AS 34.15.040 / AS 34.15.050 — statutory quitclaim deed form and its effect (passes all the real estate the grantor can convey).
• AS 34.15.030 — statutory warranty deed form (alternative deed type).
• AS 34.15.150 to 34.15.250 — acknowledgment of conveyances before authorized officers.
• AS 40.17.020 — a conveyance may be offered for recording only in the recording district in which the land is located.
• AS 40.17.030; 11 AAC 06.040 — formal requisites for recording (original signatures, legibility, title, recording district, mailing addresses, margins, paper, and font).
• AS 40.17.090 — recorded, acknowledged real-property documents create evidentiary presumptions of validity.
• AS 13.36.005 et seq. — trust administration; AS 13.36.079 — certification of trust.
• AS 29.45.030 — municipal property-tax exemptions (residential, senior citizen, disabled veteran).
• 12 U.S.C. § 1701j-3(d)(8) — Garn-St Germain Act; transfer into a borrower's inter vivos revocable trust does not trigger a due-on-sale clause.
• Alaska DNR State Recorder's Office — Preparing Documents (dnr.alaska.gov/ssd/recoff/PreparingDocs).

This document is provided for informational purposes only and does not constitute legal advice. Consult a licensed Alaska attorney before executing or recording this deed.