Deed Transferring Real Property into Living Trust - Kentucky

This instrument prepared by (KRS § 382.335):
Individual preparer name: [____________________________________]
Preparer street address: [____________________________________]
City, state, ZIP: [____________________________________]

____________________________________
Signature of preparer

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

Send the transfer-year property-tax bill to (in-care-of mailing address, KRS § 382.135(1)(d)):
[____________________________________]
[____________________________________]

Property Tax Map / Parcel No.: [____________]

SPACE ABOVE THIS LINE RESERVED FOR COUNTY CLERK

DEED — TO REVOCABLE LIVING TRUST

Commonwealth of Kentucky

1. GRANTOR

[GRANTOR FULL LEGAL NAME], [a single person / married to [SPOUSE NAME]], whose mailing address is [____________________________________] ("Grantor" or "First Party").

2. GRANTEE / VESTING IN TRUSTEE

[GRANTOR FULL LEGAL NAME], as currently acting Trustee of the [TRUST NAME] dated [__/__/____], whose mailing address is [____________________________________] ("Grantee" or "Second Party" 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"). A successor trustee should document authority under the trust instrument and applicable law before later acting with respect to the Property.

3. CONSIDERATION CERTIFICATE (KRS § 382.135)

This conveyance is a gift made for no monetary consideration for estate-planning purposes. The trust's present and future beneficiaries must be reviewed separately for the transfer-tax analysis in Section 6.

Consideration certificate. Pursuant to KRS § 382.135, the Grantor (First Party) and the Grantee (Second Party) certify that this is a transfer by gift for no consideration. The fair cash value of the Property, in lieu of a stated consideration, is $[____________] as estimated by the parties for the purpose of the transfer tax. The parties swear that the foregoing statements of consideration and fair cash value are true and correct.

4. GRANTING CLAUSE

NOW THEREFORE, in consideration of the foregoing, the Grantor does hereby GRANT, BARGAIN, SELL, CONVEY, and TRANSFER unto the Grantee, as Trustee as aforesaid, and to the Grantee's successors in trust and assigns, the following described real property (the "Property") situated in [____________] County, Kentucky:

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

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

Source of title: Being the same property conveyed to the Grantor by deed dated [__/__/____], recorded on [__/__/____] in Deed Book [______], Page [______] (or Instrument No. [______]), in the office of the Clerk of [____________] County, Kentucky. Identify every additional immediate source of title, if any: [________________________________].

TO HAVE AND TO HOLD the Property, together with all improvements, appurtenances, and hereditaments belonging to it, unto the Grantee, as Trustee, and the Grantee's successors in trust and assigns forever, with COVENANT OF SPECIAL WARRANTY of title (the Grantor warranting and defending the title only against claims by, through, or under the Grantor).

5. SUBJECT TO

This conveyance is made subject to:

(a) Ad valorem 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
(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. TRANSFER TAX AND LOAN REVIEW

6.1 Kentucky real estate transfer tax (KRS § 142.050). Kentucky generally imposes a grantor tax of fifty cents ($0.50) for each $500 of statutory value or fraction. A gift's value is its estimated open-market price. KRS 142.050(8) exempts a qualifying transfer to a trustee only if one of subsection (8)(a), (b), or (c) is satisfied. Under KRS 386B.1-010(3), a beneficiary includes a person with a present or future beneficial interest, vested or contingent. The grantor's being sole current income beneficiary does not by itself establish that the grantor is the trust's sole beneficiary. Review all remainder beneficiaries and any qualifying direct-transfer exemption before claiming subsection (8).

Exemption analysis (complete before recording): ☐ KRS 142.050(8)(a): grantor is the trust's sole beneficiary, including future interests; ☐ (8)(b): grantor is a beneficiary and direct transfers to all other individual beneficiaries would qualify under a specific subsection (7) exemption; ☐ (8)(c): direct transfers to all other individual beneficiaries would qualify under subsection (7); ☐ no exemption confirmed. Trust beneficiaries / subsection (7) basis: [________________________________]. Taxable gift value, if no exemption: $[________]. Tax due, if applicable: $[________].

6.2 Existing loan. Before recording, ask the lender or servicer to identify any loan, occupancy, insurance, and notice terms affected by the proposed trust transfer. This deed does not discharge the existing note or assume the mortgage.

7. HOMESTEAD / TAX-EXEMPTION AND TITLE-INSURANCE CONTINUITY

7.1 Property-tax exemption check. If the Property receives an age, disability, or homestead tax benefit, the Grantor should confirm continued eligibility and any filing requirement with the county Property Valuation Administrator (PVA) after re-titling.

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

8. EXECUTION

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

GRANTOR (FIRST PARTY):

____________________________________
[GRANTOR FULL LEGAL NAME]

____________________________________
[SPOUSE FULL LEGAL NAME], joining only if Kentucky counsel has reviewed and approved the scope of any release (if applicable)

GRANTEE (SECOND PARTY), for purposes of the consideration certificate:

____________________________________
[GRANTOR FULL LEGAL NAME], as Trustee

9. NOTARY ACKNOWLEDGMENT AND CONSIDERATION CERTIFICATE (Kentucky)

The foregoing Deed and the consideration certificate stated in Section 3 were subscribed, sworn to, and acknowledged before me on [__/__/____] by [GRANTOR FULL LEGAL NAME], as Grantor and as Trustee of the [TRUST NAME] [and by [SPOUSE FULL LEGAL NAME]], who certified the consideration / fair cash value stated above to be true and correct (KRS §§ 382.130, 382.135).

____________________________________
Notary Public, Commonwealth of Kentucky
Printed name: [________________________________]
Commission number: ______________
My commission expires: ______________

(Affix notarial seal/stamp)

10. RECORDING AND TAX-FORM INSTRUCTIONS

1. Where to record. Record the original signed and acknowledged deed in the office of the County Clerk of [____________] County, Kentucky — the county in which the Property is located (KRS § 382.110).
2. Transfer tax (KRS § 142.050). Complete the beneficiary and exemption analysis in Section 6.1. If an exemption applies, identify its exact subsection on the face of the deed; otherwise calculate the grantor tax on the gift's estimated open-market value and pay it before recording.
3. Required deed contents. The deed must contain (a) the signed individual-preparer statement (KRS § 382.335), (b) the gift / estimated fair-cash-value certificate, signed and sworn by both parties or authorized agents (KRS § 382.135(1)(e)2), and (c) the in-care-of mailing address for the transfer-year tax bill (KRS § 382.135(1)(d)). Include both parties' mailing addresses and the immediate source-of-title recording details (KRS §§ 382.135(1)(b), 382.110(2), (4)).
4. Recording fees. Pay the statutory county clerk recording fee and any per-page charges.
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 any property-tax benefit with the PVA; (c) furnish a recorded copy and, if requested, a Certification of Trust under KRS 386B.10-120 to the title company; and (d) complete any related transaction's title review before 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 cabinet/slide, including the source-of-title deed book and page. Attach surveys or additional pages as needed.]

____________________________________

____________________________________

____________________________________

Sources and References

• KRS § 382.110 — recording of deeds in the office of the county clerk of the county where the land lies.
• KRS § 382.130 — acknowledgment or proof of execution of deeds.
• KRS § 382.135 — consideration certificate / fair-cash-value statement and in-care-of tax-bill mailing address required in deed.
• KRS § 382.335 — preparation statement ("This instrument prepared by").
• KRS § 142.050 — real estate transfer tax, gift valuation, and conditional trust exemptions in subsection (8).
• KRS § 392.020 — surviving-spouse property interests, including specified trust property.
• KRS § 386B.1-010(3) — present and future beneficiaries; KRS § 386B.10-120 — certification of trust.

This document is provided for informational purposes only and does not constitute legal advice. Confirm the transfer-tax exemption and the consideration-certificate requirements with the county clerk and consult a licensed Kentucky attorney before executing or recording this deed.