Deed Transferring Real Property into Living Trust

WARRANTY DEED — TO REVOCABLE LIVING TRUST (STATE OF CONNECTICUT)

Trust Funding Conveyance — Conn. Gen. Stat. §§ 47-5, 47-10; Conveyance Tax Exemption Claimed Under Conn. Gen. Stat. § 12-498(a)

Table of Contents

1. Recording Header
2. Title and Statutory Authority
3. Grantor
4. Grantee / Trust Vesting
5. Consideration Recital
6. Granting Clause
7. Legal Description (Exhibit A)
8. Subject-To Clause
9. Garn-St Germain and Conveyance-Tax Exemption Recital
10. Title Insurance and Homestead Continuity
11. Execution and Witnesses
12. Notary Acknowledgment
13. Recording and Tax-Form Instructions
14. Sources and References

1. Recording Header

PREPARED BY:
[________________________________]
[________________________________]

WHEN RECORDED, RETURN TO:
[________________________________]
[________________________________]
[________________________________]

SEND TAX BILLS TO (Grantee/Trustee):
[________________________________]
[________________________________]

Property Address (for indexing): [________________________________], Connecticut [____]

Municipality: Town/City of [________________________________], County of [________________________________], State of Connecticut

☐ Form OP-236 attached
☐ Conveyance EXEMPT under Conn. Gen. Stat. § 12-498(a)(17) — mere change of identity or form of ownership, no change in beneficial ownership
☐ Conveyance EXEMPT under Conn. Gen. Stat. § 12-498(a)(10) — consideration less than $2,000

2. Title and Statutory Authority

WARRANTY DEED — CONVEYANCE TO REVOCABLE LIVING TRUST

This Warranty Deed ("Deed") is made and effective on [__/__/____] (the "Effective Date"), conveying the real property described herein from the Grantor identified in Section 3 to the Grantee/Trustee identified in Section 4, for the purpose of funding the Grantor's revocable living trust as part of the Grantor's estate plan.

This Deed is executed in accordance with Conn. Gen. Stat. § 47-5 (execution, witnesses, and acknowledgment of conveyances) and is intended to be recorded in the land records of the town where the Property lies pursuant to Conn. Gen. Stat. § 47-10.

3. Grantor

The Grantor is the record owner of the Property and conveys all of the Grantor's right, title, and interest therein.

4. Grantee / Trust Vesting

The Grantee is the trustee of the Grantor's revocable living trust, taking title in trust capacity:

[GRANTEE/TRUSTEE NAME], as Trustee of the [TRUST NAME] dated [__/__/____], and any successor trustee(s) (the "Trustee").

Vesting Language (insert verbatim on the deed):

[GRANTEE/TRUSTEE NAME], as Trustee of the [TRUST NAME] dated [__/__/____], and the Trustee's successors in trust and assigns.

5. Consideration Recital

This conveyance is made for no consideration / nominal consideration. The transfer is made solely for estate-planning purposes — to fund the Grantor's revocable living trust — and effects no change in beneficial ownership of the Property. The Grantor, as the grantor/settlor and a current beneficiary of the revocable trust, retains full beneficial ownership and control of the Property.

6. Granting Clause

WARRANTY GRANTING CLAUSE (primary):

FOR THE CONSIDERATION recited in Section 5, the Grantor hereby GIVES, GRANTS, BARGAINS, SELLS, and CONFIRMS, WITH WARRANTY COVENANTS, unto the Trustee identified in Section 4, and the Trustee's successors in trust and assigns forever, all of the Grantor's right, title, and interest in and to the Property described in Exhibit A, together with all improvements, rights, privileges, easements, and appurtenances thereunto belonging.

TO HAVE AND TO HOLD the Property unto the Trustee, in trust, and to the Trustee's successors in trust and assigns forever, to be held, administered, and distributed in accordance with the terms of the [TRUST NAME] dated [__/__/____], as amended.

7. Legal Description (Exhibit A)

The real property conveyed by this Deed (the "Property") is located in the Town/City of [________________________________], County of [________________________________], State of Connecticut, and is more particularly described in Exhibit A attached hereto and incorporated by reference.

Street Address: [________________________________], Connecticut [____]

Map/Block/Lot or Assessor Reference: [________________________________]

Prior Recording Reference (chain of title): Volume [____], Page [____], [________________________________] Land Records

EXHIBIT A — LEGAL DESCRIPTION

[Insert the full metes-and-bounds description, or the lot/block reference to a recorded subdivision or assessor's map, exactly as it appears in the Grantor's vesting deed. Do not paraphrase the legal description.]

[________________________________]
[________________________________]
[________________________________]

Being the same premises conveyed to the Grantor by deed dated [__/__/____] and recorded in Volume [____], Page [____] of the [________________________________] Land Records.

8. Subject-To Clause

This conveyance is made SUBJECT TO the following, to the extent valid and presently in effect:

1. Real property taxes and assessments not yet due and payable;
2. Building, zoning, environmental, and other governmental laws, ordinances, and regulations;
3. Easements, covenants, conditions, restrictions, and rights-of-way of record;
4. Any existing mortgage, deed of trust, or other lien of record, which the Trustee takes subject to and which is not extinguished or modified by this Deed;
5. [OTHER PERMITTED EXCEPTIONS, IF ANY].

9. Garn-St Germain and Conveyance-Tax Exemption Recital

9.1 Due-on-Sale Exemption (Garn-St Germain Act)

This conveyance is 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" within the meaning of 12 U.S.C. § 1701j-3(d)(8). Accordingly, this transfer does not trigger any due-on-sale (acceleration) clause contained in any mortgage or note encumbering the Property. The Grantor remains personally liable on any such mortgage obligation, and this Deed does not assume, novate, or release that obligation.

9.2 Connecticut Real Estate Conveyance-Tax Exemption

This conveyance is made for no/nominal consideration and effects no change in beneficial ownership. The parties claim exemption from the state and municipal real estate conveyance tax (Conn. Gen. Stat. § 12-494 et seq.) under one or more of the following provisions of Conn. Gen. Stat. § 12-498(a):

Even where exempt from the tax, a real estate conveyance tax return (Form OP-236) is generally still presented to the town clerk with the deed; the exemption is claimed on the return.

10. Title Insurance and Homestead Continuity

• Title insurance: A transfer into a revocable living trust may affect existing owner's title-insurance coverage. The Grantor should confirm with the title insurer whether the existing policy continues to insure the Trustee, or whether an endorsement (e.g., an ALTA Trust Endorsement) is required to extend coverage to the trustee and the trust.
• Property-tax / assessment continuity: Confirm with the town assessor that any homeowner exemptions, elderly/disabled tax relief, or veteran exemptions continue after the transfer to the trustee. A revocable trust ordinarily does not disqualify an owner-occupant from such relief, but local confirmation is prudent.
• Connecticut homestead: Connecticut's homestead exemption (Conn. Gen. Stat. § 52-352b) protects a debtor's equity in an owner-occupied residence. Holding the residence in a self-settled revocable trust generally preserves the occupant's homestead claim, but confirm with counsel.
• Insurance: Notify the property/casualty insurer and add the trustee as an additional insured so that coverage is not impaired after the transfer.

11. Execution and Witnesses

IN WITNESS WHEREOF, the Grantor has executed and delivered this Deed as of the Effective Date.

GRANTOR:

_____________________________________________
Signature of Grantor
Printed Name: [________________________________]
Date: [__/__/____]

_____________________________________________
Signature of Grantor (if co-owner / spouse joining)
Printed Name: [________________________________]
Date: [__/__/____]

WITNESSES (two required):

_____________________________________________
Witness 1 Signature
Printed Name: [________________________________]

_____________________________________________
Witness 2 Signature
Printed Name: [________________________________]

12. Notary Acknowledgment

STATE OF CONNECTICUT )
) ss. [TOWN/CITY]
COUNTY OF [________________________________] )

On this [____] day of [________________________________], [____], before me, the undersigned officer, personally appeared [GRANTOR NAME], known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged the same to be [his/her/their] free act and deed, before me.

In witness whereof, I hereunto set my hand and official seal.

_____________________________________________
Notary Public / Commissioner of the Superior Court
My Commission Expires: [__/__/____]

[NOTARY SEAL]

13. Recording and Tax-Form Instructions

1. Recording office (town-based system). Connecticut records land instruments at the municipal level, not the county level. Record the original executed Deed in the office of the Town Clerk of the town in which the Property lies. Pursuant to Conn. Gen. Stat. § 47-10, an unrecorded conveyance is not effective against anyone but the grantor and the grantor's heirs.

2. Execution formalities. Confirm the Deed bears original grantor signature(s), two witness signatures, and an original notarial seal, as required for recording in Connecticut.

3. Conveyance-tax return (Form OP-236). Complete the Connecticut Real Estate Conveyance Tax Return, Form OP-236, and present it to the Town Clerk with the Deed. Claim the applicable exemption under Conn. Gen. Stat. § 12-498(a) (see Section 9.2). The town clerk collects both the state and municipal portions of the conveyance tax where applicable.

4. Recording fees. Pay the per-page recording fees per the Town Clerk's current fee schedule.

5. After recording. The Town Clerk returns the recorded Deed to the address in Section 1. Retain the recorded Deed with the trust records, and update the trust's schedule of assets / trust-funding checklist to reflect the Property.

6. Certification of trust. Consider recording a Certification of Trust (Conn. Gen. Stat. § 45a-499o) with the Deed to evidence the trustee's authority without disclosing the full trust instrument.

14. Sources and References

• Conn. Gen. Stat. § 47-5 — Requirements re conveyances of land (witnesses; acknowledgment)
• Conn. Gen. Stat. § 47-10 — Conveyance to be recorded (town land records)
• Conn. Gen. Stat. § 12-494 — Imposition of real estate conveyance tax (state and municipal)
• Conn. Gen. Stat. § 12-497 — Conveyance tax return (Form OP-236)
• Conn. Gen. Stat. § 12-498(a)(17) — Exempt transactions: mere change of identity or form of ownership, no change in beneficial ownership
• Conn. Gen. Stat. § 12-498(a)(10) — Exempt transactions: consideration less than $2,000
• Conn. Gen. Stat. § 45a-499o — Certification of trust (Connecticut Uniform Trust Code)
• Conn. Gen. Stat. § 52-352b — Exempt property (homestead)
• 12 U.S.C. § 1701j-3(d)(8) — Garn-St Germain Depository Institutions Act; inter vivos trust transfer exempt from due-on-sale enforcement
• Connecticut Department of Revenue Services — Form OP-236, Real Estate Conveyance Tax Return and instructions

This template is provided for informational and educational purposes only and does not constitute legal advice. Consult a licensed Connecticut attorney before executing or recording any deed transferring real property into a living trust.