Deed Transferring Real Property into Living Trust - Florida

WARRANTY DEED — TO REVOCABLE LIVING TRUST

(State of Florida)

1. Recording Header

This instrument prepared by:
[NAME OF PREPARER / ATTORNEY] [____________]
[FIRM / ADDRESS] [____________]
[CITY, STATE, ZIP] [____________]
Florida Bar No. (if attorney): [____________]

After recording, return to:
[NAME] [____________]
[ADDRESS] [____________]
[CITY, STATE, ZIP] [____________]

Grantee's mailing address (for tax notices):
[NAME OF TRUST / TRUSTEE] [____________]
[ADDRESS] [____________]

Property Appraiser's Parcel Identification (Folio) No.: [____________]

Consideration for documentary stamp tax: $[____] (see Section 8)

2. Title and Statutory Authority

WARRANTY DEED — TRANSFER TO REVOCABLE LIVING TRUST

Executed under Fla. Stat. § 689.01, acknowledged or proved as provided in Fla. Stat. § 695.03, and recorded under Fla. Stat. § 695.01 in the Official Records of the Clerk of the Circuit Court.

3. Grantor

THIS WARRANTY DEED is made on this [____] day of [____________], 20[____], by:

(the "Grantor"), whose post office address is set forth above.

4. Grantee / Vesting

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

Vesting language (recite verbatim on the deed):

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

The Grantee, as trustee, shall hold title with full power and authority to protect, conserve, sell, lease, encumber, or otherwise manage and dispose of the Property, as provided in the trust instrument and under Fla. Stat. ch. 736 (Florida Trust Code).

5. Consideration Recital

This conveyance is made for estate-planning purposes only. The Property is transferred by the Grantor to the Grantor, in the Grantor's capacity as Trustee of the above-named revocable living trust, of which the Grantor is the settlor and a current beneficiary. There is no change in beneficial ownership and no purchaser.

For estate-planning purposes, without money paid or promised, debt discharge, or other consideration for this conveyance, the Grantor conveys the Property described below to the Grantee as trustee of the Grantor's revocable trust.

6. Granting Clause and Habendum

The Grantor hereby grants, bargains, sells, aliens, remises, releases, conveys, and confirms unto the Grantee, in fee simple, the real property located in [____________] County, Florida, more particularly described in Exhibit A attached hereto and incorporated by reference (the "Property"), together with all tenements, hereditaments, easements, and appurtenances belonging or in any way appertaining thereto.

TO HAVE AND TO HOLD the Property in fee simple forever, unto the Grantee and the Grantee's successors in trust.

7. Warranty Covenants

The Grantor hereby fully warrants the title to the Property and will defend the same against the lawful claims of all persons whomsoever, subject only to the matters set forth in Section 9 (Subject-To).

8. Documentary Stamp Tax Recital (Fla. Stat. § 201.02) — IMPORTANT

Florida imposes documentary stamp tax on taxable deeds under Fla. Stat. § 201.02. Current Fla. Admin. Code R. 12B-4.013(25)(i) treats a deed from a grantor who can revoke the trust to its trustee, and a deed back upon revocation, as transfers of ownership not subject to tax. Paragraph (25)(a) separately exempts a deed to a trustee to the extent of the grantor's beneficial ownership, even if the property is mortgaged.

Select the applicable treatment:

☐ No change in beneficial ownership. The Grantor conveys the Property to the trustee of the Grantor's revocable trust, remains the beneficial owner, and claims the treatment under Rule 12B-4.013(25)(i). This treatment applies whether or not a mortgage remains on the Property. Tax due: $0.00 / $[____ after clerk review].

☐ Beneficial ownership changes or exemption is uncertain. Obtain Florida tax advice and calculate any documentary stamp tax due under Fla. Stat. § 201.02 before recording. Tax due after review: $[____].

Review before recording: Confirm that the Grantor remains the beneficial owner and that the deed fits the current rule. If the deed changes present beneficial ownership or includes other consideration, calculate tax from the actual facts rather than assuming the mortgage balance is automatically taxable.

9. Subject-To

This conveyance is made subject to:

a. Real-property taxes and assessments for the current year and subsequent years;
b. Zoning, land-use, and other governmental regulations affecting the Property;
c. Restrictions, reservations, easements, and covenants of record; and
d. Any mortgage of record described in Section 8, which the Grantor's trust takes the Property subject to (see Section 10).

10. Garn-St Germain Act / Due-on-Sale Notice (12 U.S.C. § 1701j-3(d)(8))

If the Property is subject to a mortgage containing a due-on-sale clause, the Garn-St Germain Depository Institutions Act of 1982, 12 U.S.C. § 1701j-3(d)(8), prohibits the lender from exercising that clause upon "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," for a loan secured by a lien on residential real property of fewer than five dwelling units.

The Grantor represents that the Grantor is and shall remain a beneficiary of the trust and that this transfer does not change the rights of occupancy of the Property. The lender therefore may not accelerate the loan solely because of this transfer.

11. Florida Homestead Review (Art. X, § 4, Fla. Const.; Fla. Stat. §§ 196.041(2), 732.4015)

If the Property is the Grantor's homestead:

☐ The Grantor intends that the Property remain homestead for ad valorem tax-exemption and creditor-protection purposes notwithstanding this transfer.

• Spousal joinder. Under Art. X, § 4(c) of the Florida Constitution, homestead owned by a married person may not be conveyed without the joinder of the spouse. If the Grantor is married, the spouse must sign this Deed.
• Ad valorem homestead exemption. Section 196.041(2) recognizes qualifying trust-held homestead when the claimant holds a beneficial interest for life or a right of use and occupancy under the trust. Confirm that the trust language satisfies the statute and confirm any filing requirement with the county property appraiser before recording.
• Creditor-protection review. Do not assume this deed alone establishes or preserves every constitutional homestead protection. Have Florida counsel review the trust's retained interests and occupancy provisions.
• Restriction on devise. Article X, § 4(c) limits devise of homestead when the owner is survived by a spouse or minor child. Section 732.4015 applies those restrictions to dispositions through a trust; the trust must be drafted consistently with them.

12. Execution (Two Witnesses Required — Fla. Stat. § 689.01)

IN WITNESS WHEREOF, the Grantor has signed and sealed this Warranty Deed on the date first written above, in the presence of two subscribing witnesses.

GRANTOR:

_____________________________________________
Signature of Grantor
Printed Name: [________________________________]

_____________________________________________
Signature of Joining Spouse (if homestead and married)
Printed Name: [________________________________]

WITNESSES (Florida requires TWO subscribing witnesses, each of whom must sign in the presence of the Grantor — Fla. Stat. § 689.01):

Witness No. 1
Signature: _____________________________________
Printed Name: [________________________________]
Address: [________________________________]

Witness No. 2
Signature: _____________________________________
Printed Name: [________________________________]
Address: [________________________________]

13. Notary Acknowledgment

STATE OF FLORIDA
COUNTY OF [________________________________]

The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization this [____] day of [____________], 20[____], by [NAME OF GRANTOR] [and [NAME OF JOINING SPOUSE]], who is/are ☐ personally known to me or ☐ produced [____________] as identification.

_____________________________________________
Notary Public, State of Florida
Printed Name: [________________________________]
Commission No.: [____________]
My Commission Expires: [__/__/____]

[NOTARY SEAL]

14. Recording and Tax Instructions

☐ Confirm the legal description in Exhibit A matches the prior vesting deed exactly (book/page or instrument number: [____________]).
☐ Apply the documentary-stamp treatment in Section 8; claim the trust-conveyance exemption when its requirements are satisfied, or compute and pay tax after Florida tax review when beneficial ownership changes.
☐ Have the Grantor sign in the presence of two subscribing witnesses (Fla. Stat. § 689.01), and obtain an acknowledgment or proof that satisfies Fla. Stat. § 695.03; if homestead and married, obtain spousal joinder.
☐ Record the original signed Deed with the Clerk of the Circuit Court in the county where the Property is located (Fla. Stat. § 695.01); pay recording fees and doc-stamp tax to the Clerk.
☐ Notify the mortgage servicer in writing of the transfer to the revocable trust (Garn-St Germain) and keep the loan and hazard insurance in force; add the trust as an additional insured.
☐ Confirm with the county property appraiser that the homestead ad valorem exemption continues after the transfer.
☐ Update the trust's Schedule of Assets / trust-funding checklist to list the Property, and retain a recorded copy with the trust binder.

15. Exhibit A — Legal Description

Property Address: [________________________________], Florida [____]

Parcel / Folio ID: [________________________________]

Legal Description (copy verbatim from the prior recorded deed — do not paraphrase):

[________________________________]
[________________________________]
[________________________________]

Prior recording reference: Official Records Book [____], Page [____] / Instrument No. [____________], [____________] County, Florida.

16. Sources and References

• Fla. Stat. § 689.01 — Conveyances of land; execution requirements (two subscribing witnesses)
• Fla. Stat. §§ 695.01, 695.03 — Recording priority and acknowledgment/proof for recording
• Fla. Stat. § 201.02(1)(a) — Documentary stamp tax on deeds
• Fla. Stat. § 201.031 — Miami-Dade County surtax
• Fla. Admin. Code R. 12B-4.013(25) — Documentary stamp tax; conveyances to and from trustees
• Fla. Stat. ch. 736 — Florida Trust Code
• Art. X, § 4, Fla. Const. — Homestead; exemptions and restrictions on devise
• Fla. Stat. § 196.041(2) — Qualifying trust interests for homestead tax exemption
• Fla. Stat. § 732.4015 — Homestead devise restrictions applicable to trusts
• 12 U.S.C. § 1701j-3(d)(8) — Garn-St Germain Act; inter vivos trust due-on-sale exemption
• Florida Dept. of Revenue — Documentary Stamp Tax overview (floridarevenue.com)

This template is provided for informational purposes only and does not constitute legal advice. Funding real property into a revocable trust can affect documentary stamp tax, homestead protection, title insurance, and mortgage obligations. Consult a licensed Florida attorney before executing and recording this Deed.