Deed Transferring Real Property into Living Trust (Warranty/Bargain-and-Sale Deed to Revocable Living Trust) - Colorado

IMPORTANT LEGAL NOTICE

Before signing, select one deed form and match its granting clause. Determine the actual total consideration, including applicable liens, encumbrances, and required charges, before stating the documentary fee. Verify the trust, title, lender terms, and any recorded homestead statement. Record in the county where the property is located and state the grantee's legal address on the deed.

PART I — RECORDING COVER INFORMATION

(For Clerk & Recorder use — do not detach.)

Recording Requested By / Prepared By:
[________________________________]

After Recording Return To:
[________________________________]
[________________________________]

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

Grantee's legal address, including road or street address if applicable (C.R.S. § 38-35-109(2)): [________________________________]

Recording fee enclosed: $[____]
Actual total consideration for documentary-fee purposes (C.R.S. § 39-13-102): $[________] (include applicable liens, encumbrances, and required charges)

Documentary fee or applicable exemption: $[________] / [specific statutory exemption, if established: ________]

SPACE ABOVE THIS LINE FOR CLERK & RECORDER'S USE

PART II — TITLE

DEED TRANSFERRING REAL PROPERTY INTO REVOCABLE LIVING TRUST

☐ General Warranty Deed (C.R.S. § 38-30-113(1)(a))

☐ Special Warranty Deed (C.R.S. § 38-30-113(1)(b))

☐ Bargain and Sale Deed (C.R.S. § 38-30-113(1)(c))

STATE OF COLORADO

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 [state actual consideration or "no consideration": ________________________________], Grantor conveys this property to the trustee of Grantor's revocable living trust. This recital does not determine the documentary fee; Part I states total consideration for that purpose.

Granting Clause

The Grantor hereby SELLS AND CONVEYS 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 the County of [________________________________], State of Colorado:

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

Warranty clause — retain one selection only:

☐ General warranty: Grantor warrants the title to the same.

☐ Special warranty: Grantor warrants the title to the same against all persons claiming under Grantor.

☐ Bargain and sale: No covenants of warranty are given.

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

Parcel / Schedule No.: [________________________________]

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. Grantor intends to fund the identified trust with this property, subject to the trust's terms and the property's existing interests.

2. Trust Status. Grantor represents that Grantor is the trust's settlor and a present beneficiary. Identify any other beneficiaries or transferred occupancy rights before relying on this recital.

3. Title Covenants. The covenants of title (if any) depend on the deed type selected in PART II. A bargain-and-sale deed conveys the Grantor's interest without title warranties; a warranty deed includes the warranties recited in PART V.

PART VII — SUBJECT TO

This conveyance is made SUBJECT TO:

☐ General property taxes for the current year and subsequent years

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

☐ Existing deeds of trust, mortgages, liens, and encumbrances of record, subject to their terms and applicable law

☐ Specific exceptions (if any): [________________________________]

PART VIII — DOCUMENTARY FEE, DUE-ON-SALE, AND CONTINUITY RECITALS

Section 1 — Documentary Fee (C.R.S. § 39-13-102)

Under C.R.S. § 39-13-102(2), no documentary fee is payable when total consideration is $500 or less. Total consideration includes applicable liens, encumbrances, and charges required for the conveyance. If it exceeds $500, calculate the fee on the full amount under subsection (2)(b). Claim a C.R.S. § 39-13-104 exemption only if this transaction actually meets one of its listed grounds; trust funding alone does not establish the gift exemption.

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

For a real-property loan secured by residential property containing fewer than five dwelling units (or a qualifying residential manufactured home), 12 U.S.C. § 1701j-3(d)(8) bars the lender from exercising a due-on-sale option for a transfer into an inter vivos trust if the borrower is and remains a beneficiary and the transfer does not relate to a transfer of occupancy rights. Verify those conditions and the loan documents. This provision does not release the borrower or change other loan obligations.

Section 3 — Title Insurance / Homestead / Tax-Status Continuity Note

CONTINUITY ADVISORY. Ask the title insurer whether the existing policy covers the trustee after transfer. Check homestead eligibility and any recorded homestead statement under C.R.S. §§ 38-41-201 to 38-41-203; a recorded statement can affect required spousal signatures under § 38-41-202(4). Confirm property-tax classification and any senior exemption with the County Assessor after recording.

PART IX — TRUSTEE POWERS REFERENCE

The Trustee(s) shall hold and administer the property under the powers actually granted by the Trust instrument dated [__/__/____], as amended, and applicable law. Under C.R.S. § 15-5-1013, the trustee may furnish a certification of trust to a person other than a beneficiary instead of the full instrument; that recipient may require the specified trustee and powers excerpts. C.R.S. § 38-30-172 addresses recorded evidence of authority for an entity; do not assume it is the required route for an individually titled trustee.

PART X — EXHIBIT A — LEGAL DESCRIPTION

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

[________________________________]
[________________________________], Colorado [____]

Parcel / Schedule No.: [________________________________]

Option 1 — Lot and Block (Platted Subdivision)

Lot [________________________________], Block [________________________________], [________________________________] Subdivision / Filing No. [____], County of [________________________________], State of Colorado, according to the recorded plat thereof.

Option 2 — Metes and Bounds / Sectional

[________________________________]

Option 3 — Condominium

Condominium Unit [________________________________], [________________________________] Condominiums, according to the Condominium Declaration recorded at Reception No. [________________________________] and the Condominium Map recorded at Reception No. [________________________________], County of [________________________________], State of Colorado.

PART XI — EXECUTION

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

GRANTOR SIGNATURE(S)

Signature: [________________________________]
Printed Name: [________________________________]

Signature: [________________________________]
Printed Name: [________________________________]

PART XII — NOTARY ACKNOWLEDGMENT (C.R.S. § 38-35-101)

STATE OF COLORADO
COUNTY OF [________________________________]

The foregoing instrument was acknowledged before me this [____] day of [________________________________], [____], by [________________________________] [and additional grantor, if applicable: ________________________________].

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 Clerk and Recorder of [________________________________] County, Colorado (the county where the property is located). C.R.S. § 38-35-109.

2. On the face of the deed: state the grantee's legal address, including a road or street address if applicable, under C.R.S. § 38-35-109(2). State the actual consideration and fee basis accurately. Check the county's current formatting rules before submission.

3. Documentary fee: Use the total consideration and any established exemption entered in Part I. Under C.R.S. § 39-13-102(2), the $500 figure is a threshold, not a deduction from the taxable amount.

4. Real Property Transfer Declaration (TD-1000): Under C.R.S. §§ 39-14-101(1.5), (2) and 39-14-102(1), a conveyance document subject to the documentary fee is accompanied by the declaration signed by grantor or grantee. Determine whether this deed meets that definition; a transaction with no consideration and no fee does not automatically require a TD-1000 under those sections. Confirm the receiving county's procedure.

5. Recording fees: Per the county Clerk and Recorder's fee schedule.

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

SOURCES AND REFERENCES

Colorado Statutes

• Colorado Revised Statutes 2026, Title 38 (deeds, acknowledgment, recording, homestead)
• Colorado Revised Statutes 2026, Title 39 (documentary fee and transfer declaration)
• Colorado Revised Statutes 2026, Title 15 (certification of trust)

Federal Statute

• 12 U.S.C. § 1701j-3 — Garn-St Germain Act, inter vivos trust transfer

Forms and Resources

• Colorado Division of Property Taxation — Real Property Transfer Declaration (TD-1000)

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