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

Before signing: Confirm the grantor owns the property, the named trustee and trust exist, the actual consideration and loan terms, and whether a spouse must join under § 18-12-403. The transfer-tax statement below applies only if the actual consideration is $100 or less.

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: [________________________________]

Actual consideration: $[________] Transfer tax, if due: $[________]
Complete the affidavit or deed notation required by § 26-60-110 before recording.

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 actual consideration of $[________], the receipt of which is acknowledged, this conveyance is made to fund the Grantor’s revocable living trust:

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 hold the property under the Trust instrument.

2. Trust Relationship. The Grantor is the settlor and a present beneficiary of the Trust. Confirm that the Grantor is also the borrower and remains a beneficiary if relying on the federal due-on-sale protection described below.

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 AND DUE-ON-SALE RECITALS

Section 1 — Real Property Transfer Tax (Ark. Code Ann. §§ 26-60-105, 26-60-107, 26-60-110)

Arkansas DFA states that the transfer tax is $3.30 per $1,000 of actual consideration for transactions exceeding $100. The Grantor states the full actual consideration for this transfer is $[________]. If the amount is $100 or less, no transfer tax is due on that basis. If debt is assumed or other value is exchanged, determine the actual consideration before using the exemption statement below.

Recording tax documentation (select one applicable route):

☐ A completed DFA Real Property Transfer Tax Affidavit of Compliance accompanies this deed, with any required tax payment evidence.

☐ Actual consideration is $100 or less. The grantee or agent signs the exemption statement below; the grantee's address appears on this deed.

Exemption statement: "This instrument is exempt from the real property transfer tax."

Grantee or agent signature: [________________________________] Date: [__/__/____]

The county recorder requires proof of tax payment or exemption under § 26-60-110.

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

For a real-property loan secured by residential property with fewer than five dwelling units, federal law bars exercise of a due-on-sale option upon a transfer into an inter vivos trust only if the borrower is and remains a beneficiary and the transfer does not relate to a transfer of occupancy rights. This deed does not release the borrower or change loan obligations. Confirm these conditions before relying on 12 U.S.C. § 1701j-3(d)(8).

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.

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. § 18-12-201)

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 county recorder of [________________________________] County, Arkansas (the county where the property is located).

2. Before recording: Complete the applicable tax payment or exemption route in PART VIII, Section 1.

3. Format: Signed and acknowledged deed, grantee address, and 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 Official Code public release, Title 18
• Arkansas Act 656 of 2017, recording tax documentation
• Arkansas DFA, transfer tax and affidavit form
• 12 U.S.C. § 1701j-3, due-on-sale

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.