Deed Transferring Real Property into Living Trust

This instrument prepared by:
[____________________________________]
[____________________________________]

After recording return to:
[____________________________________]
[____________________________________]
[____________________________________]

Send tax statements to:
[TRUSTEE NAME], as Trustee
[____________________________________]
[____________________________________]

Key / Parcel Number: [____________]

Property Address: [____________________________________]

SPACE ABOVE THIS LINE RESERVED FOR AUDITOR'S AND RECORDER'S USE

WARRANTY / QUITCLAIM DEED — TO REVOCABLE LIVING TRUST

State of Indiana

1. GRANTOR

[GRANTOR FULL LEGAL NAME], [an unmarried person / a married person / husband and wife], of [____________] County, Indiana, 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 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 Indiana Trust Code, Ind. Code § 30-4-1-1 et seq.

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. No valuable consideration is paid for this transfer.

4. GRANTING CLAUSE

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") situated in [____________] County, State of Indiana:

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

Key / Parcel Number: [____________]

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.

The Trustee, and any successor trustee, is granted full power and authority to protect, conserve, sell, lease, encumber, and otherwise manage and dispose of the Property as provided in the Trust instrument and the Indiana Trust Code.

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, and environmental laws and ordinances; and
(d) Any mortgage or other lien of record, which the Trustee takes subject to but does not assume except as separately agreed in writing.

6. PURPOSE; 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 Homestead standard deduction / exemptions. The parties intend that the homestead standard deduction (Ind. Code § 6-1.1-12-37), the supplemental homestead deduction, and any other property tax deduction applicable to the Property continue uninterrupted following this conveyance. Indiana generally allows the homestead standard deduction for an individual's primary residence held in a qualifying trust where the individual is the beneficiary occupying the property; the Grantor should confirm continuity with the county Auditor and re-file the homestead deduction in the name of the Trust/Trustee if required 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. SALES DISCLOSURE / TRANSFER-TAX (NONE) AND GARN-ST GERMAIN RECITALS

7.1 No Indiana real-estate transfer tax. The State of Indiana imposes no real-estate transfer tax, documentary stamp tax, or conveyance tax. Only the county auditor's transfer/endorsement charge and the county recorder's recording fees apply.

7.2 Sales Disclosure Form not required (IC 6-1.1-5.5). A "conveyance" subject to the Sales Disclosure Form requirement is a transfer of a real property interest for valuable consideration (Ind. Code § 6-1.1-5.5-1). A transfer for no consideration (such as this estate-planning transfer of the Grantor's own property into the Grantor's own revocable living trust) is not a "conveyance" and therefore generally does not require a Sales Disclosure Form and is not subject to the $10 disclosure filing fee. Confirm county practice; some county auditors request an "exempt" notation or a brief statement that the transfer is for no consideration.

7.3 Auditor endorsement before recording. Indiana requires the deed to be presented to the county Auditor for entry on the transfer books and endorsement (Ind. Code § 6-1.1-5-4) before the county Recorder will accept it for recording. Pay any applicable auditor transfer/endorsement fee.

7.4 No due-on-sale acceleration (Garn-St Germain Act). The Property may be encumbered by a mortgage. Under the federal Garn-St Germain Depository Institutions Act, 12 U.S.C. § 1701j-3(d)(8), a lender may not exercise a due-on-sale 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." This conveyance into the Grantor's own revocable living trust is such a transfer and does not accelerate or trigger any due-on-sale clause. The Grantor 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 tenancy by the entirety — both spouses sign)

9. NOTARY ACKNOWLEDGMENT (Indiana — Individual)

Before me, a Notary Public in and for said County and State, personally appeared [GRANTOR FULL LEGAL NAME] [and [SPOUSE / CO-GRANTOR FULL LEGAL NAME]], who acknowledged the execution of the foregoing Deed, and who, having been duly sworn, stated that any representations therein contained are true.

Witness my hand and Notarial Seal this ____ day of ______________, 20____.

____________________________________
Notary Public
Printed Name: ______________________
My commission expires: ______________
County of Residence: ________________

(Affix notarial seal / stamp)

10. PREPARER'S AFFIRMATION

I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. (Ind. Code § 36-2-11-15.)

____________________________________
[PREPARER NAME]

11. RECORDING INSTRUCTIONS

1. Auditor first. Present the original, signed, and acknowledged deed to the county Auditor of [____________] County, Indiana for entry on the transfer books and endorsement (Ind. Code § 6-1.1-5-4). The Recorder will not record without the auditor's transfer endorsement.
2. Sales Disclosure Form. A no-consideration transfer into the Grantor's revocable living trust is generally not a "conveyance" requiring a Sales Disclosure Form (IC 6-1.1-5.5). Confirm whether the county auditor requests an exempt notation in lieu of an SDF.
3. Then record. Record the endorsed deed with the county Recorder of [____________] County, Indiana (Ind. Code § 32-21-2-7). Pay the county recorder's recording fee.
4. Identifiers / affirmation. Include the preparer's name, the "send tax statements to" address, the parcel/key number, and the Social Security number redaction affirmation (IC 36-2-11-15).
5. No state transfer tax. Indiana imposes no real-estate transfer tax; only the auditor's transfer/endorsement charge and the recorder's fee apply.
6. Update collateral records. After recording, (a) notify the property/casualty insurer and add the Trustee as a named insured; (b) re-file the homestead standard deduction with the county Auditor in the name of the Trust/Trustee if required; (c) provide a recorded copy and a Certification of Trust (Ind. Code § 30-4-4-5) 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 — lot/block/subdivision with reference to the recorded plat (instrument number, plat book/page), metes-and-bounds, or government survey (section, township, range). Include the key/parcel number. Attach surveys or additional pages as needed.]

____________________________________

____________________________________

____________________________________

Sources and References

• Ind. Code § 32-21-1-13 — conveyance of land by deed in writing, subscribed, sealed, and acknowledged or proved.
• Ind. Code § 32-21-2-3 — acknowledgment of conveyances before a notary or authorized officer.
• Ind. Code § 32-21-2-7 — recording of conveyances with the county recorder.
• Ind. Code § 6-1.1-5-4 — transfer of real property on the county auditor's transfer books; endorsement before recording.
• Ind. Code § 6-1.1-5.5-1, -2 — Sales Disclosure Form; "conveyance" means a transfer for valuable consideration; a transfer for no consideration is not a conveyance and does not require an SDF.
• Ind. Code § 6-1.1-5.5-6 — county auditor may not accept, and recorder may not record, a conveyance document without a completed and assessor-approved Sales Disclosure Form (applies to consideration transfers).
• Ind. Code § 6-1.1-12-37 — homestead standard deduction.
• Ind. Code § 36-2-11-15 — preparer's Social Security number redaction affirmation.
• Ind. Code § 30-4-1-1 et seq. — Indiana Trust Code; § 30-4-4-5 (certification of trust).
• 12 U.S.C. § 1701j-3(d)(8) — Garn-St Germain Act; transfer into a borrower's inter vivos revocable trust does not trigger a due-on-sale clause.
• Indiana DLGF, Sales Disclosure Form (State Form 46021) instructions; gateway sales disclosure FAQ.

This document is provided for informational purposes only and does not constitute legal advice. Present the deed to the county auditor for transfer endorsement before recording; a Sales Disclosure Form is generally not required for a no-consideration trust transfer. Consult a licensed Indiana attorney before executing or recording this deed.