Deed Transferring Real Property into Living Trust (Grant Deed to Revocable Living Trust)

IMPORTANT LEGAL NOTICE

In California, the Grant Deed is the standard instrument used to fund a revocable living trust with real property. This deed transfers title from the individual owner(s) (the trustor/settlor) into the owner(s) acting as Trustee(s) of the owner's own revocable living trust. Because the trustor remains the present beneficiary, the transfer is generally (1) exempt from documentary transfer tax under Cal. Rev. & Tax. Code § 11930, and (2) excluded from property-tax reassessment as not a change in ownership under Cal. Rev. & Tax. Code § 62(d). A Preliminary Change of Ownership Report (Form BOE-502-A) must accompany the deed at recording, and the documentary-transfer-tax exemption declaration must appear on the face of the deed.

PART I — RECORDING INFORMATION

RECORDING REQUESTED BY:

[________________________________]

WHEN RECORDED MAIL TO:

Name: [________________________________]
Address: [________________________________]
[________________________________]
[________________________________]

MAIL FUTURE TAX STATEMENTS TO:

Name: [________________________________] , Trustee
Address: [________________________________]
[________________________________]

ASSESSOR'S PARCEL NUMBER (APN):

APN: [________________________________]

SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE

PART II — DOCUMENTARY TRANSFER TAX DECLARATION

Transfer Tax Computation

☐ Documentary transfer tax is: $0.00 — EXEMPT

Exemption Declaration (place on face of deed)

☐ This conveyance transfers an interest into a revocable living trust. The trust is for the benefit of the grantor(s)/trustor(s), and the transfer is not pursuant to a sale. No documentary transfer tax is due. R&T 11930.

Computation basis: ☐ No consideration; transfer not pursuant to a sale (R&T § 11930)

Tax allocation: ☐ Unincorporated area / ☐ City of [________________________________] — confirm whether the city imposes a separate conveyance tax and whether a city exemption applies to a trust transfer.

This transfer is signed by the declarant/grantor below in PART X.

PART III — GRANT DEED TO REVOCABLE LIVING TRUST

GRANT DEED — TRANSFER INTO REVOCABLE LIVING TRUST

STATE OF CALIFORNIA

GRANTOR (TRUSTOR) IDENTIFICATION

GRANTOR(S):

[________________________________]

[________________________________]

☐ An unmarried person

☐ A married person, transferring his/her sole and separate property

☐ Married persons / registered domestic partners, transferring community property

☐ Other: [________________________________]

Grantor's mailing address: [________________________________]

GRANTEE (TRUSTEE / VESTING) IDENTIFICATION

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.

GRANTING CLAUSE

FOR NO MONETARY CONSIDERATION, this conveyance being made solely for estate-planning purposes to fund the Grantor's revocable living trust,

[________________________________]
(Grantor / Trustor)

hereby GRANT(S) to

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

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

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

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

APN: [________________________________]

TO HAVE AND TO HOLD the above-described property, together with all improvements, hereditaments, and appurtenances thereto, unto the Trustee(s) and successor Trustee(s) of the Trust, IN TRUST, upon the terms set forth in the Trust instrument and any amendments thereto.

PART IV — CONSIDERATION AND PURPOSE RECITAL

1. No / Nominal Consideration. This Grant Deed is made for no monetary consideration (or nominal consideration of $1.00 and love and affection). No sale, purchase, or exchange has occurred.

2. Estate-Planning Purpose. The sole purpose of this conveyance is to transfer the described real property into the Grantor's own revocable living trust as part of the Grantor's estate plan, to avoid probate of the property and to facilitate management of the property during any incapacity of the Grantor.

3. Trustor Remains Beneficiary. The Grantor is the trustor/settlor of the Trust and is a present beneficiary of the Trust. Beneficial ownership of the property does not change as a result of this conveyance.

4. Implied Covenants (Cal. Civ. Code § 1113). The word "GRANT" implies the statutory covenants of California Civil Code § 1113 (no prior conveyance by Grantor; freedom from encumbrances done or suffered by Grantor), limited to acts of this Grantor.

PART V — SUBJECT TO

This conveyance is made SUBJECT TO:

☐ General and special real property taxes and assessments for the current fiscal year, a lien not yet due and payable, and all subsequent years

☐ Covenants, conditions, restrictions, reservations, easements, rights-of-way, and other matters of record

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

☐ Rights of parties in possession; matters an accurate survey or inspection would disclose

☐ Specific exceptions (if any): [________________________________]

PART VI — TRANSFER-TAX EXEMPTION, REASSESSMENT EXCLUSION, AND DUE-ON-SALE (GARN-ST GERMAIN) RECITALS

Section 1 — Documentary Transfer Tax Exemption (Rev. & Tax. Code § 11930)

This conveyance transfers the Grantor's interest into a revocable living trust; the trust is for the benefit of the Grantor; and the transfer is not pursuant to a sale. Accordingly, this transfer is EXEMPT from documentary transfer tax under Cal. Rev. & Tax. Code § 11930. (Declaration to appear on the face of the deed — see PART II.)

Section 2 — No Change in Ownership / No Reassessment (Rev. & Tax. Code § 62(d))

This transfer is NOT a change in ownership under Cal. Rev. & Tax. Code § 62(d) because it is a transfer to a revocable trust in which the transferor (Grantor) is a present beneficiary. The property should not be reassessed for property-tax purposes as a result of this conveyance. The Grantor's existing homeowner's exemption (and any other applicable exemption) should continue uninterrupted; the PCOR (Form BOE-502-A) filed with this deed reports the § 62(d) exclusion to the County Assessor.

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

If the property is encumbered by a deed of trust or mortgage 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 that 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 in the property. This conveyance does not alter, accelerate, or affect any existing loan secured by the property.

Section 4 — Title Insurance / Continuity Note

TITLE INSURANCE ADVISORY. Confirm with the title insurer that the existing owner's policy of title insurance continues in favor of the Trustee(s) after this transfer, or obtain an endorsement or new policy naming the Trust. A transfer into a revocable living trust where the trustor remains beneficiary is ordinarily covered, but coverage continuity should be confirmed in writing. Recording this deed does not, by itself, extend or transfer title-insurance coverage.

PART VII — TRUSTEE POWERS REFERENCE

The Trustee(s) shall hold, manage, sell, encumber, lease, and convey the property in accordance with the powers granted in the Trust instrument dated [__/__/____] and any amendments. A Certification of Trust (Cal. Prob. Code § 18100.5) may be provided to third parties in lieu of the full Trust instrument.

PART VIII — EXHIBIT A — LEGAL DESCRIPTION

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

[________________________________]
[________________________________], California [____]

Assessor's Parcel Number (APN): [________________________________]

Option 1 — Lot and Block (Subdivision)

Lot [________________________________], Block [________________________________], of Tract No. [________________________________], as per Map recorded in Book [________________________________], Pages [________________________________], of Maps, in the Office of the County Recorder of [________________________________] County, State of California.

Option 2 — Metes and Bounds

[________________________________]

Option 3 — Condominium

Unit No. [________________________________] as shown on the Condominium Plan recorded [__/__/____] as Instrument No. [________________________________], Official Records of [________________________________] County, together with an undivided interest in the common area as described in the Declaration recorded as Instrument No. [________________________________].

PART IX — EXECUTION

Date of Execution: [__/__/____]

The Grantor declares under penalty of perjury that the foregoing documentary-transfer-tax exemption declaration is true and correct.

GRANTOR SIGNATURE(S)

Signature: [________________________________]
Printed Name: [________________________________]

Signature: [________________________________]
Printed Name: [________________________________]

PART X — NOTARY ACKNOWLEDGMENT (Cal. Civ. Code § 1189)

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF [________________________________]

On [__/__/____], before me, [________________________________], a Notary Public, personally appeared [________________________________], who 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 in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: [________________________________]
Notary Public

My Commission Expires: [__/__/____]

(Notary Seal)

PART XI — RECORDING AND TAX-FORM INSTRUCTIONS

Recording

1. Where: Record with the County Recorder of [________________________________] County, California (the county where the property is located). Cal. Civ. Code § 1214.

2. Document format (Cal. Gov. Code § 27361 et seq.): original signatures; 8.5 x 11 inch white paper; minimum 10-point font; 3-inch top margin (first page) for recorder's use; 1-inch side/bottom margins; APN and return address on first page; notarized.

3. Recording fees: Per Gov. Code § 27361 plus statutory surcharges (Gov. Code §§ 27361.3, 27361.4, 27388.1).

Required Accompanying Forms

☐ Preliminary Change of Ownership Report (PCOR) — Form BOE-502-A — completed by the Trustee/transferee and filed concurrently with the deed. Indicate the transfer is to a revocable trust (no change in ownership, R&T § 62(d)). A $20 penalty applies if the PCOR is not filed with the deed (Rev. & Tax. Code § 480.3).

☐ Documentary transfer tax exemption declaration — on the face of the deed (PART II), citing R&T § 11930.

☐ If a PCOR is not filed, a Change in Ownership Statement (Form BOE-502-AH) must be filed within 90 days of recording (Rev. & Tax. Code § 480).

SOURCES AND REFERENCES

California Statutes

• Cal. Civ. Code § 1092 — Grant as word of conveyance
• Cal. Civ. Code § 1113 — Implied covenants in grant deed
• Cal. Civ. Code § 1189 — Notary acknowledgment form
• Cal. Civ. Code § 1214 — Recording and constructive notice
• Cal. Gov. Code § 27361 — Recording fees
• Cal. Rev. & Tax. Code § 11911 — Documentary transfer tax
• Cal. Rev. & Tax. Code § 11930 — Trust transfer exemption
• Cal. Rev. & Tax. Code § 62 — Exclusions from change of ownership (subd. (d), revocable trust)
• Cal. Rev. & Tax. Code § 480 et seq. — Change of ownership reporting / PCOR
• Cal. Prob. Code § 18100.5 — 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

• Form BOE-502-A — Preliminary Change of Ownership Report (PCOR)
• California Secretary of State — Notary Acknowledgment Form
• Los Angeles County Recorder — Documentary Transfer Tax exempt-transaction wording (R&T 11930)

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