Deed Transferring Real Property into Living Trust - Idaho

After Recording Return To:
[____________________________________]
[____________________________________]
[____________________________________]

This instrument prepared by:
[____________________________________]
[____________________________________]

Mail future tax statements to:
[____________________________________]
[____________________________________]

Grantee's name and complete mailing address (required — Idaho Code § 55-601):
[TRUSTEE NAME], as Trustee
[____________________________________]
[____________________________________]

County Parcel / Tax Identification No.: [____________]

SPACE ABOVE THIS LINE FOR RECORDER'S USE

WARRANTY / QUITCLAIM DEED — TO REVOCABLE LIVING TRUST

State of Idaho

1. GRANTOR

[GRANTOR FULL LEGAL NAME], [an unmarried person / a married person / husband and wife], whose mailing address is [____________________________________] ("Grantor").

2. GRANTEE / VESTING IN TRUSTEE

[TRUSTEE FULL LEGAL NAME], as Trustee of the [TRUST NAME] dated [__/__/____], and any successor trustee then serving under that trust instrument and any amendments to it, whose complete mailing address is [____________________________________] ("Grantee" or the "Trustee").

The Property is conveyed to the Trustee to be held, administered, and distributed according to the terms of the [TRUST NAME] dated [__/__/____] (the "Trust"). Title vests in the Trustee in trust and in any successor trustee without the necessity of any further conveyance, in accordance with the powers granted to the Trustee under the Trust and under the Idaho Trust and Trustees statutes, Idaho Code Title 15, ch. 7, and Title 68.

3. CONSIDERATION

This conveyance is made for estate-planning purposes only, with no change in beneficial ownership of the Property. The consideration is nominal — One and No/100 Dollars ($1.00) and other good and valuable consideration — the Grantor being the settlor and a beneficiary of the Trust during the Grantor's lifetime.

4. GRANTING CLAUSE

KNOW ALL PERSONS BY THESE PRESENTS, that the Grantor, for and in consideration of the sum stated above, the receipt and sufficiency of which are acknowledged, does hereby CONVEY AND WARRANT [/ CONVEY AND QUITCLAIM] unto the Grantee, as Trustee as aforesaid, and to the Grantee's successors in trust and assigns, all of the Grantor's right, title, and interest in and to the following described real property (the "Property"):

Property commonly known as: [STREET ADDRESS, CITY, IDAHO, ZIP]

County: [____________] County, Idaho

Legal Description: See Exhibit A attached hereto and incorporated by reference.

TO HAVE AND TO HOLD the Property, together with all improvements, rights, easements, and appurtenances belonging to it, unto the Grantee, as Trustee, and the Grantee's successors in trust and assigns forever.

5. SUBJECT TO

This conveyance is made subject to:

(a) Real property taxes and assessments for the current and subsequent years, not yet due and payable;
(b) Easements, covenants, conditions, restrictions, reservations, and rights-of-way of record;
(c) Applicable zoning, subdivision, building, land-use, water-rights, and environmental laws and regulations; and
(d) Any deed of trust, mortgage, or other lien of record, which the Trustee takes subject to but does not assume except as separately agreed in writing.

6. PURPOSE; HOMEOWNER'S (HOMESTEAD) EXEMPTION CONTINUITY; TITLE INSURANCE

6.1 Estate-planning purpose. The sole purpose of this conveyance is to fund the Grantor's revocable living trust so that the Property may pass on the Grantor's death under the terms of the Trust without probate administration, and so the Property may be managed during any incapacity of the Grantor. The Grantor reserves all rights to amend or revoke the Trust and to direct the Trustee to reconvey the Property to the Grantor at any time.

6.2 Homeowner's exemption. The parties intend that any homeowner's property-tax exemption or assessment classification applicable to the Property continue following this conveyance. Because Idaho Code § 63-602G addresses trust beneficiaries in the definition of owner, the Grantor should confirm eligibility and any required proof or application with the county assessor after re-titling.

6.3 Title insurance. Re-titling into a trust can affect an existing owner's title insurance policy. The Grantor should request an endorsement naming the Trustee as an insured, or confirm coverage continuity, with the title insurer before recording.

7. TRANSFER-TAX (NONE) AND GARN-ST GERMAIN RECITALS

7.1 Recording charges and transfer-tax review. Confirm with the county recorder or title professional whether any transfer-tax declaration or other filing is required for this conveyance. County recorder fees are governed by Idaho Code § 31-3205.

7.2 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.

8. EXECUTION

IN WITNESS WHEREOF, the Grantor has executed this Deed on [__/__/____].

GRANTOR:

____________________________________
[GRANTOR FULL LEGAL NAME]

____________________________________
[SPOUSE / CO-GRANTOR FULL LEGAL NAME] (if community property — both spouses sign)

9. NOTARY ACKNOWLEDGMENT (Idaho — Individual)

On this ____ day of ______________, 20____, before me, the undersigned, a Notary Public in and for said State, personally appeared [GRANTOR FULL LEGAL NAME] [and [SPOUSE / CO-GRANTOR FULL LEGAL NAME]], known or identified to me (or proved to me on the oath of a credible witness) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written.

____________________________________
Notary Public for the State of Idaho
Residing at: ________________________
My commission expires: ______________

(Affix notarial seal / stamp)

10. RECORDING INSTRUCTIONS

1. Where to record. Record the original, signed, and acknowledged deed in the office of the County Recorder of [____________] County, Idaho — the county in which the Property is located (Idaho Code § 55-808 et seq.).
2. Format / margins. Confirm the county's first-page margin requirement (many Idaho counties require a 3-inch clear margin across the top of the first page, or a cover sheet adding a recording fee). Pages must not exceed 8½ x 14 inches.
3. Grantee address. Ensure the grantee's (Trustee's) name and complete mailing address appear on the instrument, as required by Idaho Code § 55-601.
4. Recording fees (Idaho Code § 31-3205). Pay the applicable county recorder fee for the deed, grant, or conveyance, including any additional-page or cover-sheet charge; confirm the current amount with the recorder.
5. Update collateral records. After recording, (a) obtain written instructions from the property/casualty insurer on how the owner, Trustee, Trust, and lender should appear on the policy; (b) confirm the homeowner's exemption with the county Assessor; (c) provide a recorded copy and a Certification of Trust (Idaho Code § 68-117) to the title company; and (d) record before, not after, any closing on a sale or refinance.

EXHIBIT A — LEGAL DESCRIPTION

[INSERT THE COMPLETE LEGAL DESCRIPTION EXACTLY AS IT APPEARS ON THE GRANTOR'S CURRENT VESTING DEED — metes-and-bounds, or lot/block/subdivision with plat reference (book and page), or government survey (section, township, range, with reference to the principal meridian). Include the parcel/tax ID. Attach surveys or additional pages as needed.]

____________________________________

____________________________________

____________________________________

Sources and References

• Idaho Code § 55-601 — conveyance of real property; instrument in writing subscribed by the grantor; grantee's name and complete mailing address must appear.
• Idaho Code § 55-805 — instrument must be acknowledged or proved and certified before it may be recorded.
• Idaho Code § 55-808 and § 55-812 — recording with the county recorder; effect against later good-faith purchasers and mortgagees.
• Idaho Code § 31-3205 — county recorder fees.
• Idaho Code § 63-602G — homeowner's property tax exemption.
• Idaho Code § 32-906 et seq. — community property of spouses.
• Idaho Code Title 15, ch. 7 and Title 68 — Idaho Trust and Trustees; § 68-117 (certification of trust).
• 12 U.S.C. § 1701j-3(d)(8) — qualifying residential inter vivos trust transfer

This document is provided for informational purposes only and does not constitute legal advice. Confirm transfer-tax filings, county recording fees, and margin requirements, and consult a licensed Idaho attorney before executing or recording this deed.