Deed Transferring Real Property into Living Trust - District of Columbia

DEED — TO REVOCABLE LIVING TRUST (DISTRICT OF COLUMBIA)

Trust Funding Conveyance — D.C. Code § 42-401; Recordation- and Transfer-Tax Exemptions Claimed Under D.C. Code §§ 42-1102(17), 47-902(12)

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 Recordation/Transfer-Tax Exemption Recital
10. Title Insurance and Homestead-Deduction Continuity
11. Execution
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): [________________________________], Washington, D.C. [____]

Square / Suffix / Lot (SSL): Square [____] / Suffix [____] / Lot [____]

2. Title and Statutory Authority

DEED — CONVEYANCE TO REVOCABLE LIVING TRUST

This 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 and acknowledged in accordance with D.C. Code § 42-401 and is intended to be recorded with the District of Columbia Recorder of Deeds.

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 bare legal title in trust capacity while the Grantor remains the current beneficiary:

[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 / no actual consideration. The transfer is made solely for estate-planning purposes — to fund the Grantor's revocable living trust — and conveys only bare legal title to the Trustee. The Grantor is and remains the current beneficiary of the revocable trust and retains full beneficial ownership and control of the Property; there is no change in beneficial ownership.

6. Granting Clause

SPECIAL WARRANTY GRANTING CLAUSE (primary):

FOR THE CONSIDERATION recited in Section 5, the Grantor does hereby GRANT and CONVEY, with SPECIAL WARRANTY, 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. The Grantor covenants to WARRANT AND DEFEND the Property unto the Trustee against the lawful claims of all persons claiming by, through, or under the Grantor, but not otherwise (special warranty).

7. Legal Description (Exhibit A)

The real property conveyed by this Deed (the "Property") is located in the District of Columbia and is more particularly described in Exhibit A attached hereto and incorporated by reference.

Street Address: [________________________________], Washington, D.C. [____]

Square / Suffix / Lot (SSL): Square [____] / Suffix [____] / Lot [____]

Prior Recording Reference (chain of title): Instrument No. [________________________________], recorded [__/__/____], DC Recorder of Deeds

EXHIBIT A — LEGAL DESCRIPTION

[Insert the full legal description by Square, Suffix, and Lot (and any metes-and-bounds or subdivision reference) exactly as it appears in the Grantor's vesting deed. Do not paraphrase the legal description.]

[________________________________]
[________________________________]
[________________________________]

Being the same property conveyed to the Grantor by deed dated [__/__/____] and recorded among the Land Records of the District of Columbia as Instrument No. [________________________________].

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 laws, ordinances, and regulations of the District of Columbia;
3. Easements, covenants, conditions, restrictions, and rights-of-way of record;
4. Any existing deed of trust, mortgage, 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 Recordation/Transfer-Tax Exemption Recital

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

Limited due-on-sale protection (Garn-St Germain Act). If the Property is residential real property containing fewer than five dwelling units and secures a real property loan, 12 U.S.C. § 1701j-3(d)(8) bars the lender from exercising a due-on-sale clause for a transfer into an inter vivos trust in which the borrower is and remains a beneficiary and that does not transfer occupancy rights. Confirm every element before relying on the exemption. The borrower remains personally liable on any existing note.

9.2 DC Recordation-Tax Exemption

This Deed conveys bare legal title to the Trustee of a revocable trust, without consideration, where the Grantor (transferor) is the beneficiary of the trust, and is therefore exempt from the DC recordation tax (D.C. Code § 42-1103) under:

D.C. Code § 42-1102(17) — "A deed by a transferor that conveys bare legal title to the trustee of a revocable trust, without consideration for the transfer, where the transferor is the beneficiary of the trust."

9.3 DC Transfer-Tax Exemption

The same conveyance is exempt from the DC transfer tax (D.C. Code § 47-903) under:

D.C. Code § 47-902(12) — "A transfer of bare legal title into a revocable trust, without actual consideration for the transfer, where the transferor is the current beneficiary of the trust."

10. Title Insurance and Homestead-Deduction Continuity

• Title insurance: A transfer into a revocable living trust may affect existing owner's title-insurance coverage. 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.
• Homestead deduction: Confirm with the DC Office of Tax and Revenue that the homestead deduction and any senior-citizen/disabled property-tax relief continue after transfer to the trustee. Property held in a self-settled revocable trust for an owner-occupant generally remains eligible, but a new homestead application or confirmation may be required following the transfer.
• DC homestead / occupancy: Ensure the trustee's ownership does not interrupt the owner-occupant status on which the homestead deduction depends.
• Insurance: Notify the property/casualty insurer and add the trustee as an additional insured so coverage is not impaired after the transfer.

11. Execution

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 / domestic partner joining)
Printed Name: [________________________________]
Date: [__/__/____]

12. Notary Acknowledgment

DISTRICT OF COLUMBIA, to wit:

On this [____] day of [________________________________], [____], before me, the undersigned notary public in and for the District of Columbia, personally appeared [GRANTOR NAME], known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that [he/she/they] executed the same as [his/her/their] free act and deed for the purposes therein contained.

GIVEN under my hand and official seal.

_____________________________________________
Notary Public, District of Columbia
My Commission Expires: [__/__/____]

[NOTARY SEAL]

13. Recording and Tax-Form Instructions

1. Recording office. Record the original executed Deed with the District of Columbia Recorder of Deeds (Office of Tax and Revenue), 1101 4th Street, SW, Washington, D.C. The District is a single recording jurisdiction (no county subdivisions).

2. Transfer/recordation tax return (Form FP-7/C). A completed Form FP-7/C (Real Property Recordation and Transfer Tax) is required to record any deed. Complete the FP-7/C, enter the property's Square/Suffix/Lot, and on the Tax Exemption Application line enter the complete DC Code provisions claimed: § 42-1102(17) (recordation tax) and § 47-902(12) (transfer tax).

3. Supporting exemption documentation. Attach the DC OTR exemption documentation required to substantiate the claim — e.g., Form ROD 4 (Required for Claiming Exemption from Recordation and/or Transfer Tax) and the applicable ROD 7 / ROD 8 exemption schedules. A copy of the Certification of Trust may be requested to confirm the trustee's authority and the grantor's beneficiary status.

4. Recording fees. Pay the Recorder of Deeds surcharge and recording fees per the current schedule.

5. After recording. The Recorder 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 or delivering a Certification of Trust (D.C. Code § 19-1310.13) to evidence the trustee's authority without disclosing the full trust instrument.

14. Sources and References

• D.C. Code § 42-401 — Deeds to be acknowledged and recorded
• D.C. Code § 42-1103 — Recordation tax on deeds
• D.C. Code § 42-1102(17) — Recordation tax exemption: deed conveying bare legal title to trustee of revocable trust, no consideration, transferor is beneficiary
• D.C. Code § 42-1102(18)–(19) — Related revocable-trust recordation-tax exemptions (transfer to beneficiary at grantor's death; trustee transfer otherwise exempt)
• D.C. Code § 47-903 — Transfer tax on transfers of real property
• D.C. Code § 47-902(12) — Transfer tax exemption: transfer of bare legal title into a revocable trust, no actual consideration, transferor is current beneficiary
• D.C. Code § 47-902(13)–(14) — Related revocable-trust transfer-tax exemptions
• D.C. Code § 19-1310.13 — Certification of trust (DC Uniform Trust Code)
• DC Office of Tax and Revenue — Form FP-7/C (Real Property Recordation and Transfer Tax) and instructions; Forms ROD 4, ROD 7, ROD 8 (exemption documentation)
• 12 U.S.C. § 1701j-3(d)(8) — qualifying residential inter vivos trust transfer

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