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

IMPORTANT LEGAL NOTICE

This deed transfers Colorado 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 general warranty, special warranty, or bargain-and-sale deed may be used (C.R.S. § 38-30-113); a bargain-and-sale deed is commonly used for a transfer to one's own trust. Colorado's documentary fee (C.R.S. § 39-13-102) is not imposed when there is no consideration, or when the total consideration is $500 or less — so a no-consideration funding transfer carries no documentary fee. The deed is recorded with the County Clerk and Recorder, and the grantee's address and a consideration/"no consideration" notation must appear on the face of 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 mailing address (required on face of deed — C.R.S. § 38-35-109): [________________________________]

Recording fee enclosed: $[____]
Documentary fee (C.R.S. § 39-13-102): $ 0.00 — no consideration; not payable (consideration $500 or less)

SPACE ABOVE THIS LINE FOR CLERK & RECORDER'S USE

PART II — TITLE

BARGAIN AND SALE DEED — TRANSFER 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 and in consideration of no consideration (or the nominal sum of $1.00 and other good and valuable consideration), this conveyance being made solely for estate-planning purposes to fund the Grantor's own revocable living trust, and not pursuant to any sale, the receipt and sufficiency of which is acknowledged:

Granting Clause

The Grantor does hereby SELL AND CONVEY [add for general warranty: and warrant the title against all persons; for special warranty: and warrant the title against all persons claiming by, through, or under the Grantor] 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.

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. 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 Consideration; Trustor Remains Beneficiary. No consideration has passed (or only nominal consideration). 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. 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

☐ All existing deeds of trust, mortgages, 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 — 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)(a), no documentary fee is payable when there is no consideration, or when the total consideration (inclusive of any lien or encumbrance and all charges) is $500 or less. This conveyance is made for no / nominal consideration to fund the Grantor's revocable living trust; accordingly, no documentary fee is due. The face of the deed states the consideration (or "no consideration") as required. A documentary-fee exemption may also be available under C.R.S. § 39-13-104.

Section 2 — 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 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 / Tax-Status 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. Colorado's statutory homestead exemption (C.R.S. § 38-41-201 et seq.) is not lost by funding the trust where the trustor remains beneficiary and continues to occupy the residence; confirm continuity. The property's property-tax classification (e.g., residential / senior homestead exemption, if applicable) should continue uninterrupted — verify with the County Assessor.

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 Statement of Authority (C.R.S. § 38-30-172) or a Certification of Trust (C.R.S. § 15-5-1013, Colorado Uniform Trust Code) may be recorded or provided to third parties to evidence the Trustee's authority in lieu of the full Trust instrument.

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. § 38-35-106)

STATE OF COLORADO
COUNTY OF [________________________________]

The foregoing instrument was acknowledged before me this [____] day of [________________________________], [____], by [________________________________].

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: the grantee's address and the consideration / "no consideration" notation are required; a 1-inch top margin is required by most counties for recording.

3. Documentary fee: $0.00 — not payable because consideration is $500 or less / no consideration (C.R.S. § 39-13-102(2)(a)).

4. Real Property Transfer Declaration (TD-1000): For most conveyances Colorado requires a Real Property Transfer Declaration (Form TD-1000) to be filed with the Clerk and Recorder at recording (C.R.S. § 39-14-102). For a no-consideration trust-funding transfer, complete the TD-1000 indicating no consideration / transfer to grantor's revocable trust, or confirm the county's exemption practice.

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

• C.R.S. § 38-30-113 — Statutory deed forms (warranty, special warranty, bargain and sale, quitclaim)
• C.R.S. § 38-35-109 — Recording of instruments; grantee address
• C.R.S. § 38-35-106 — Acknowledgment of instruments
• C.R.S. § 39-13-102 — Documentary fee on conveyances
• C.R.S. § 39-13-104 — Documentary fee exemptions
• C.R.S. § 39-14-102 — Real Property Transfer Declaration (TD-1000)
• C.R.S. § 15-5-1013 — Certification of Trust (Colorado Uniform Trust Code)

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

• 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.