Deed Transferring Real Property into Living Trust (Warranty/Quitclaim Deed to Revocable Living Trust)

IMPORTANT LEGAL NOTICE

This deed transfers Arkansas real property from the individual owner(s) into the owner(s) acting as Trustee(s) of the owner's own revocable living trust, as part of estate-plan "trust funding." A warranty deed is customary; a quitclaim deed is also commonly used for a transfer to one's own trust. Arkansas's real property transfer tax (Ark. Code Ann. § 26-60-105) is $3.30 per $1,000 of actual consideration and applies only to transactions exceeding $100. A funding transfer for no or nominal consideration is therefore at or below the $100 threshold and no transfer tax / documentary stamps are due — but a Real Property Transfer Tax Affidavit of Compliance (or the "exempt" certification on the face of the deed) must still accompany the deed at recording. Note: § 26-60-102 does not contain a trust-specific exemption (the exempt-transfer list omits revocable-trust transfers); the no-tax result rests on the no-/nominal-consideration ($100 threshold) basis. Confirm current law and county practice before relying on this. The deed is recorded with the county circuit clerk acting as recorder.

PART I — RECORDING COVER INFORMATION

Prepared By:
[PREPARER NAME, FIRM, AR BAR # (if any)]
[STREET ADDRESS] • [CITY, STATE ZIP]

After Recording Return To:
[________________________________]
[________________________________]

Send Tax Statements To (Grantee/Trustee):
[________________________________] , Trustee
[________________________________]

Parcel / Tax ID No.: [________________________________]
County: [________________________________]

Real Property Transfer Tax (Ark. Code Ann. § 26-60-105): $ [STAMP AMOUNT — $0.00 if no/nominal consideration]
Attach documentary stamps or the exemption/affidavit notation per §§ 26-60-107 and 26-60-110.

SPACE ABOVE THIS LINE FOR RECORDER'S USE

PART II — TITLE

WARRANTY DEED — TRANSFER INTO REVOCABLE LIVING TRUST

☐ Warranty Deed (covenants of title under Ark. Code Ann. § 18-12-102)

☐ Quitclaim Deed (conveys grantor's interest without covenants of title)

STATE OF ARKANSAS

PART III — GRANTOR (TRUSTOR)

THIS DEED is made on [__/__/____] by:

GRANTOR(S) / TRUSTOR(S):

Additional Grantor (if jointly owned):

PART IV — GRANTEE (TRUSTEE / VESTING)

GRANTEE(S):

[________________________________], as Trustee of the [________________________________] Revocable Living Trust, dated [__/__/____], and any successor Trustee(s) (the "Trust").

☐ Co-Trustees: [________________________________] and [________________________________], as Co-Trustees of the [________________________________] Revocable Living Trust, dated [__/__/____], and their successors in trust.

Grantee/Trustee mailing address: [________________________________]

PART V — GRANTING CLAUSE AND CONSIDERATION

Consideration Recital

For and in consideration of no monetary consideration (or the nominal sum of $1.00 and the love and affection of the Grantor), this conveyance being made solely for estate-planning purposes to fund the Grantor's own revocable living trust, and not pursuant to any sale:

Granting Clause

The Grantor does hereby GRANT, BARGAIN, SELL, AND CONVEY, AND WARRANT [for a quitclaim, substitute: REMISE, RELEASE, AND QUITCLAIM] unto

[________________________________], as Trustee of the [________________________________] Revocable Living Trust, dated [__/__/____], and to the successor Trustee(s),
(Grantee)

all of the Grantor's right, title, and interest in and to the following described real property situated in [________________________________] County, Arkansas:

SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE.

Commonly known as: [________________________________], Arkansas [____]

Parcel ID: [________________________________]

TO HAVE AND TO HOLD the same, together with all improvements, hereditaments, and appurtenances, unto the Trustee(s) and successor Trustee(s) of the Trust, IN TRUST, upon the terms of the Trust instrument and any amendments.

PART VI — PURPOSE AND BENEFICIAL-OWNERSHIP RECITAL

1. Estate-Planning Purpose. The sole purpose of this conveyance is to transfer the property into the Grantor's own revocable living trust to avoid probate of the property and to permit management of the property during any incapacity of the Grantor.

2. No Real Consideration; Trustor Remains Beneficiary. No real consideration has passed. The Grantor is the trustor/settlor and a present beneficiary of the Trust; beneficial ownership of the property does not change as a result of this conveyance.

3. Covenants (Warranty Deed only). If a warranty deed, the Grantor covenants that the Grantor is lawfully seized of the property, has good right to convey, and warrants and will defend title against all lawful claims (Ark. Code Ann. § 18-12-102). If a quitclaim deed, no covenants of title are made.

PART VII — SUBJECT TO

This conveyance is made SUBJECT TO:

☐ General real property taxes and assessments for the current year and subsequent years

☐ Easements, restrictions, covenants, and other matters of record

☐ All existing mortgages, deeds of trust, liens, and encumbrances of record, which remain unaffected by this conveyance (see Garn-St Germain recital in PART VIII)

☐ Specific exceptions (if any): [________________________________]

PART VIII — TRANSFER-TAX, DUE-ON-SALE, AND CONTINUITY RECITALS

Section 1 — Real Property Transfer Tax (Ark. Code Ann. §§ 26-60-105, 26-60-102, 26-60-110)

The Arkansas real property transfer tax is $3.30 per $1,000 of actual consideration and applies only to transactions exceeding $100 (Ark. Code Ann. § 26-60-105). This conveyance is made for no or nominal consideration (not exceeding $100) solely to fund the Grantor's revocable living trust; accordingly, no transfer tax is due and no documentary stamps are required.

REVIEW FLAG. Ark. Code Ann. § 26-60-102 lists the transfers to which the tax is inapplicable; that list does not include a specific exemption for a transfer to a revocable trust by the grantor. The no-tax result above rests on the $100 actual-consideration threshold of § 26-60-105 (a no-/nominal-consideration funding transfer), not on a § 26-60-102 enumerated exemption. Counsel should confirm the appropriate notation with the county circuit clerk before recording.

Required notation / affidavit (Ark. Code Ann. §§ 26-60-107, 26-60-110): Provide either —

☐ A completed Real Property Transfer Tax Affidavit of Compliance (DFA form) stating the consideration and the reason the tax does not apply; or

☐ The following certification, signed by the grantee/agent, marked on or attached to the deed and acknowledged: "I certify under penalty of false swearing that no real property transfer tax is due because the actual consideration for this transfer does not exceed $100; this is a no-consideration transfer to the grantor's own revocable living trust."

The county recorder will not record the deed without proof of payment or proof that the tax does not apply (Ark. Code Ann. § 26-60-110).

Section 2 — Garn-St Germain Act (12 U.S.C. § 1701j-3(d)(8))

If the property is encumbered by a mortgage or deed of trust containing a due-on-sale clause, this transfer into the Grantor's revocable living trust is exempt from enforcement of the due-on-sale clause under the Garn-St Germain Depository Institutions Act, 12 U.S.C. § 1701j-3(d)(8), provided the property is residential real property of fewer than five dwelling units, the borrower is and remains a beneficiary of the Trust, and the transfer does not relate to a transfer of rights of occupancy. This conveyance does not alter or accelerate any existing loan secured by the property.

Section 3 — Title Insurance / Homestead Continuity Note

CONTINUITY ADVISORY. Confirm with the title insurer that the existing owner's policy of title insurance continues in favor of the Trustee(s) or obtain an endorsement/new policy naming the Trust; acceptance of trust title varies among Arkansas underwriters. Arkansas's constitutional homestead protection is not waived by funding the trust where the trustor remains beneficiary, but if the property is the marital homestead, both spouses must join in this deed. The property's homestead and property-tax status should continue uninterrupted.

PART IX — TRUSTEE POWERS REFERENCE

The Trustee(s) shall hold, manage, sell, encumber, lease, and convey the property under the powers in the Trust instrument dated [__/__/____] and any amendments. A Certification of Trust (Ark. Code Ann. § 28-73-1013) may be provided to third parties in lieu of the full Trust instrument.

PART X — EXHIBIT A — LEGAL DESCRIPTION

Property Address (reference only — not part of legal description):

[________________________________]
[________________________________], Arkansas [____]

Parcel ID: [________________________________]

Option 1 — Lot and Block (Platted Subdivision)

Lot [________________________________], Block [________________________________], of [________________________________] Addition / Subdivision to the City of [________________________________], [________________________________] County, Arkansas, as shown on the recorded plat thereof.

Option 2 — Metes and Bounds / Sectional

[________________________________]

PART XI — EXECUTION

Executed this [____] day of [________________________________], [____].

GRANTOR SIGNATURE(S)

Signature: [________________________________]
Printed Name: [________________________________]

Signature: [________________________________]
Printed Name: [________________________________]

PART XII — ACKNOWLEDGMENT (Ark. Code Ann. § 18-12-103)

STATE OF ARKANSAS
COUNTY OF [________________________________]

On this [____] day of [________________________________], [____], before me, the undersigned notary public, personally appeared [________________________________], known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged that he/she/they executed the same for the purposes therein contained.

WITNESS my hand and official seal.

Signature: [________________________________]
Notary Public

My Commission Expires: [__/__/____]

(Notary Seal)

PART XIII — RECORDING AND TAX-FORM INSTRUCTIONS

1. Where to record: File with the Circuit Clerk acting as ex officio Recorder of [________________________________] County, Arkansas (the county where the property is located). Ark. Code Ann. §§ 14-15-404, 26-60-110.

2. Before recording: Attach either the Real Property Transfer Tax Affidavit of Compliance (DFA form) or the on-the-deed certification (PART VIII, Section 1). Because the transfer is for no/nominal consideration, $0.00 transfer tax / no documentary stamps.

3. Format: Original signatures; notarized; grantee's address on the face of the deed; legal description attached as Exhibit A.

4. Recording fees: Per the county recorder's fee schedule.

5. After recording: Place the recorded deed with the Trust records; update homeowner's/property-insurance policy to name the Trustee(s); confirm property-tax statements are mailed to the Trustee.

SOURCES AND REFERENCES

Arkansas Statutes

• Ark. Code Ann. § 18-12-102 — Words of conveyance; estate granted
• Ark. Code Ann. § 18-12-103 — Acknowledgment
• Ark. Code Ann. § 14-15-404 — Recording of instruments
• Ark. Code Ann. § 26-60-105 — Real property transfer tax (rate)
• Ark. Code Ann. § 26-60-102 — Transfers to which chapter inapplicable
• Ark. Code Ann. § 26-60-107 — Affidavit of Compliance form
• Ark. Code Ann. § 26-60-110 — Recordation of deed; proof of payment or exemption
• Ark. Code Ann. § 28-73-1013 — Certification of Trust

Federal Statute

• 12 U.S.C. § 1701j-3 — Garn-St Germain Act, due-on-sale preemption (subd. (d)(8), inter vivos trust)

Forms and Resources

• Arkansas DFA — Real Property Transfer Tax (rate, Affidavit of Compliance, stamps)

Prepared for attorney review. This template is provided for informational and educational purposes only and does not constitute legal advice. Consult a licensed Arkansas attorney before executing or recording any deed.