Deed Transferring Real Property into Living Trust

RECORDING INFORMATION

(Reserve a minimum 3-inch top margin on the first page for the registry's recording stamp. White paper, 8.5 x 11, font no smaller than 10 point. Massachusetts records deeds in the Registry of Deeds for the county or registry district where the land lies — M.G.L. c. 183, § 29.)

Prepared By: [____________________________________], Esq. (BBO #[________])
Mail To After Recording: [____________________________________]
Property Address: [____________________________________]
City/Town: [____________] County: [____________]
Registry of Deeds: [____________] County Registry of Deeds (or Registry District)
☐ Recorded Land
☐ Registered Land (Land Court) — Certificate of Title No. [____________]
Assessor's Map/Parcel No.: [____________]

TITLE: QUITCLAIM DEED — TRANSFER TO REVOCABLE LIVING TRUST

QUITCLAIM DEED — TRANSFER TO REVOCABLE LIVING TRUST

Commonwealth of Massachusetts

1. GRANTOR

[GRANTOR FULL LEGAL NAME], ☐ single ☐ married ☐ widowed ☐ divorced, of [CITY/TOWN], [COUNTY] County, Massachusetts, whose mailing address is [____________________________________] ("Grantor").

2. GRANTEE / VESTING IN TRUSTEE (M.G.L. c. 184, § 7)

[GRANTOR 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, and not individually, 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, and in any successor trustee, without the necessity of any further conveyance, in accordance with the powers granted under the Trust and under the Massachusetts Uniform Trust Code, M.G.L. c. 203E.

3. CONSIDERATION

For consideration of less than One Hundred Dollars ($100.00) — nominal / no monetary consideration — this conveyance being made solely for estate-planning purposes to fund the Grantor's revocable living trust, with no change in beneficial ownership. The Grantor is the settlor and a present beneficiary of the Trust during the Grantor's lifetime. No sale, purchase, or exchange has occurred.

4. GRANTING CLAUSE

The Grantor, for the consideration stated above, the receipt of which is acknowledged, hereby GRANTS to the Grantee, as Trustee as aforesaid, and to the Grantee's successors in trust, with QUITCLAIM COVENANTS (M.G.L. c. 183, § 17), all of the Grantor's right, title, and interest in and to the following described real property (the "Property"):

SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE.

Commonly known as: [STREET ADDRESS, CITY/TOWN], Massachusetts [ZIP]

For Grantor's title, see the deed dated [__/__/____], recorded with the [____________] County Registry of Deeds in Book [____], Page [____] ☐ or Certificate of Title No. [____________], Document No. [____________] (registered land).

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

5. SUBJECT TO; CONSIDERATION AND DEED EXCISE

5.1 Subject to. This conveyance is made SUBJECT TO: (a) real estate taxes not yet due and payable; (b) easements, covenants, conditions, restrictions, and reservations of record; (c) applicable zoning, subdivision, wetlands, and environmental laws; and (d) any mortgage of record, which the Trustee takes subject to but does not assume except as separately agreed in writing.

5.2 Deed excise (M.G.L. c. 64D, § 1). The Massachusetts deeds excise is levied at $2.28 per $500 (or fraction) of consideration for property sold (rate stated as $4.56 per $1,000; higher in Barnstable County and on Cape & Islands surcharge counties). Because the consideration here is $100 or less and this is not a sale, no deeds excise is due.

☐ No deeds excise — consideration is $100 or less; transfer of the Grantor's own property into the Grantor's revocable living trust, not a sale (M.G.L. c. 64D, § 1).

6. PURPOSE; HOMESTEAD AND TITLE-INSURANCE CONTINUITY

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

6.2 Homestead (M.G.L. c. 188). A transfer into a trust can affect a recorded Declaration of Homestead. Massachusetts allows a trustee/beneficiary to hold a homestead, but a new Declaration of Homestead by the Trustee (or beneficiary) may be advisable after the transfer to preserve the homestead protection. The Grantor should re-declare homestead, or confirm continuity, with counsel.

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 AND GARN-ST GERMAIN RECITALS

7.1 No deeds excise — restated (M.G.L. c. 64D). The deeds excise is imposed only on the consideration for property "sold." This conveyance is a no/nominal-consideration ($100 or less) transfer of the Grantor's own property into the Grantor's own revocable living trust and is not a sale; accordingly no deeds excise is due. The stated consideration appears in Section 3 and the no-excise notation in Section 5.2. Confirm the registry's practice; some registries note "no consideration / exempt" on the recording.

7.2 Cape & Islands surcharge counties. If the Property is in Barnstable, Nantucket, or Dukes County, a Land Bank or Community Preservation surcharge may apply on a taxable transfer; a no-consideration trust transfer is generally not a taxable conveyance, but confirm with the local registry.

7.3 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. 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 AND ACKNOWLEDGMENT

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

GRANTOR:

____________________________________
[GRANTOR FULL LEGAL NAME]

____________________________________
[SPOUSE / CO-GRANTOR FULL LEGAL NAME] (if applicable)

ACKNOWLEDGMENT (M.G.L. c. 222, § 22)

COMMONWEALTH OF MASSACHUSETTS
COUNTY OF [____________]

On this ____ day of ______________, 20____, before me, the undersigned notary public, personally appeared [GRANTOR FULL LEGAL NAME] [and [SPOUSE / CO-GRANTOR FULL LEGAL NAME]], proved to me through satisfactory evidence of identification, which was ______________, to be the person(s) whose name(s) is/are signed on the preceding document, and acknowledged to me that he/she/they signed it voluntarily for its stated purpose.

____________________________________
Notary Public
Print Name: ______________________
My Commission Expires: ______________

(Seal)

9. RECORDING AND CHECKLIST

1. Where to record. Record the original, signed, acknowledged deed at the [____________] County Registry of Deeds (or Registry District). If the Property is registered land, file with the Land Court / Registry District and present the owner's duplicate certificate of title; the registered-land system requires the Trustee's Certificate / Certification of Trust.
2. Deed excise. State consideration ($100 or less) on the deed and note "no excise" (Section 5.2). Confirm the registry's exemption notation practice.
3. Trust documentation. Record or present a Trustee's Certificate / Certification of Trust (M.G.L. c. 203E, § 1013) confirming the trust's existence and the trustee's authority.
4. Formatting. White paper, 8.5 x 11; 3-inch top margin on the first page; legible font no smaller than 10 point; original wet-ink signatures.
5. Recording fee. Pay the per-document recording fee (M.G.L. c. 262, § 38 / registry schedule).
6. Update collateral records. After recording, (a) notify the insurer and add the Trustee as a named insured; (b) re-declare homestead if appropriate; (c) provide a recorded copy and Certification of Trust to the title company; and (d) record this deed before any closing on a sale or refinance.

EXHIBIT A — LEGAL DESCRIPTION

[INSERT THE FULL LEGAL DESCRIPTION — metes and bounds, lot and plan reference (Plan Book/Page), or Certificate of Title description for registered land — together with any easements, rights, and reservations, and the prior deed Book/Page or Certificate No.]

____________________________________

____________________________________

____________________________________

Sources and References

• M.G.L. c. 183, § 6 — deed requirements; consideration stated. (M.G.L. c. 183)
• M.G.L. c. 183, §§ 11, 17 — statutory quitclaim deed; quitclaim covenants.
• M.G.L. c. 184, § 7 — manner of holding title (vesting in trustee).
• M.G.L. c. 183, § 29 — recording in the Registry of Deeds of the county/district where the land lies.
• M.G.L. c. 222, § 22 — acknowledgment requirements.
• M.G.L. c. 64D, § 1 — deeds excise; levied on consideration for property sold; no excise where consideration is $100 or less. (Chapter 64D)
• M.G.L. c. 188 — Declaration of Homestead.
• M.G.L. c. 203E — Massachusetts Uniform Trust Code; § 1013 (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.
• Massachusetts Registry of Deeds recording standards: https://www.sec.state.ma.us/rod

This document is provided for informational purposes only and does not constitute legal advice. Massachusetts has specific requirements for deed excise, manner of holding title, registry formatting, and registered (Land Court) land. Confirm the no-excise treatment with the registry and consult a licensed Massachusetts attorney before executing or recording this deed.