Deed Transferring Real Property into Living Trust

This instrument was prepared by:
[____________________________________]
[____________________________________]

When recorded, mail to:
[____________________________________]
[____________________________________]

Mail future tax statements to:
[____________________________________]
[____________________________________]

Assessor's Parcel No. (APN): [___-___-___]

Affidavit of Property Value: EXEMPT — A.R.S. § 11-1134(B)(8) (Exemption Code B8: transfer from a person to a trustee with only nominal consideration). (Note this exemption beneath the legal description in Exhibit A as well.)

SPACE ABOVE THIS LINE FOR RECORDER'S USE

QUITCLAIM DEED — TRANSFER TO REVOCABLE LIVING TRUST

State of Arizona

1. GRANTOR

[GRANTOR FULL LEGAL NAME], [a single person / a married person as sole and separate property / husband and wife], whose 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 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 the Arizona Trust Code (A.R.S. Title 14, Chapter 11).

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. This nominal consideration is the basis for the Affidavit of Property Value exemption stated in Section 7.

4. GRANTING CLAUSE

The Grantor, for and in consideration of the sum stated above, the receipt and sufficiency of which are acknowledged, does hereby QUITCLAIM to the Grantee, as Trustee as aforesaid, and to the Grantee's successors in trust and assigns, all of the Grantor's right, title, and interest in and to the following described real property (the "Property"):

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

County: [____________] County, Arizona

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) Current taxes and assessments not yet due and payable;
(b) Easements, covenants, conditions, restrictions, reservations, and rights-of-way of record;
(c) Applicable zoning, subdivision, 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 / 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 Homestead / tax-classification continuity. Arizona's homestead protection (A.R.S. § 33-1101) generally extends to a home held in the owner's revocable trust where the owner resides there, but the Grantor should confirm with counsel. The parties intend that any owner-occupied (Class 3 / primary-residence) property-tax classification and any applicable valuation relief continue uninterrupted; the Grantor should confirm continuity with the county Assessor and re-file any required claim 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. AFFIDAVIT-OF-PROPERTY-VALUE EXEMPTION AND GARN-ST GERMAIN RECITALS

7.1 Affidavit of Property Value — EXEMPT. Arizona ordinarily requires an Affidavit of Property Value with each recorded deed (A.R.S. § 11-1133). This conveyance is exempt under A.R.S. § 11-1134(B)(8), which excludes from the affidavit requirement a transfer of title "from a person to a trustee or from a trustee to a trust beneficiary with only nominal actual consideration for the transfer." The county-recorder exemption code is B8. Per A.R.S. § 11-1134(C), the specific exemption must be noted on the face of this instrument at the time of recording; this deed states it in the recording header and beneath the legal description in Exhibit A. Because the affidavit does not apply, no Affidavit of Property Value form is filed and the $2.00 affidavit fee is not due. Arizona imposes no separate state real-estate transfer or documentary tax.

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 [__/__/____], in accordance with A.R.S. § 33-401 (deed must be in writing, subscribed by the grantor, and acknowledged).

GRANTOR:

____________________________________
[GRANTOR FULL LEGAL NAME]

____________________________________
[SPOUSE FULL LEGAL NAME] (joining if the Property is community property, A.R.S. § 33-452, if applicable)

9. NOTARY ACKNOWLEDGMENT (Arizona)

On this ____ day of ______________, 20____, before me, the undersigned Notary Public, 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 to me that he/she/they executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

____________________________________
Notary Public
My commission expires: ______________

(Affix notarial seal)

10. RECORDING AND TAX-FORM INSTRUCTIONS

1. Where to record. Record the original, signed, and acknowledged deed with the County Recorder of [____________] County, Arizona — the county in which the Property is located (A.R.S. §§ 33-411, 11-468).
2. Note the exemption on the face. Confirm the A.R.S. § 11-1134(B)(8) exemption (code B8) is stated on the face of the deed beneath the legal description (and in the header). Because the transfer is exempt, do not complete or file an Affidavit of Property Value (A.R.S. § 11-1133); the affidavit and its $2.00 fee do not apply.
3. Recording fees. Pay the recorder's flat document recording fee. Arizona imposes no real-estate transfer tax.
4. Update collateral records. After recording, (a) notify the property/casualty insurer and add the Trustee as a named insured; (b) confirm the owner-occupied (primary-residence) property-tax classification with the county Assessor; and (c) provide a recorded copy and a Certification of Trust (A.R.S. § 14-11013) to the title company.
5. Do not confuse with a beneficiary deed. This is a present, lifetime conveyance funding a trust — NOT a beneficiary (transfer-on-death) deed under A.R.S. § 33-405. A § 33-405 beneficiary deed conveys no present interest and operates only on death; use the appropriate instrument for the intended result.

EXHIBIT A — LEGAL DESCRIPTION

[INSERT THE COMPLETE LEGAL DESCRIPTION EXACTLY AS IT APPEARS ON THE GRANTOR'S CURRENT VESTING DEED — metes-and-bounds, or lot/block/subdivision with the recorded plat (book and page or instrument number) and county. Include the APN. Attach surveys or additional pages as needed.]

____________________________________

____________________________________

____________________________________

EXEMPT — A.R.S. § 11-1134(B)(8) (Exemption Code B8).

Sources and References

• A.R.S. § 33-401 — formal requirements of a conveyance; every deed of real property must be signed by the grantor and duly acknowledged before an authorized officer.
• A.R.S. §§ 33-411, 11-468 — recording of deeds with the county recorder; constructive notice from recording.
• A.R.S. § 33-452 — both spouses must join in a conveyance of community real property.
• A.R.S. § 33-1101 — Arizona homestead exemption.
• A.R.S. § 11-1133 — Affidavit of Property Value required for recorded transfers unless exempt.
• A.R.S. § 11-1134(B)(8) and (C) — exemption for a transfer from a person to a trustee with only nominal consideration (recorder exemption code B8); the exemption must be noted on the face of the instrument at recording.
• A.R.S. § 33-405 — beneficiary (transfer-on-death) deeds; a distinct instrument that operates only on the owner's death; § 33-405(E) permits naming a trustee as grantee beneficiary.
• A.R.S. § 14-11013 — Arizona Trust Code; certification of trust.
• 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.
• Maricopa County Recorder, Affidavit of Property Value Exemption Codes (recorder.maricopa.gov); Arizona Department of Revenue Form 82162.

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