Deed Transferring Real Property into Living Trust - Minnesota

This instrument was drafted by (Minn. Stat. § 507.091):
[____________________________________]
[____________________________________]
[____________________________________]

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

Send subsequent tax statements to (Minn. Stat. § 507.092):
[____________________________________], Trustee
[____________________________________]
[____________________________________]

Property Tax Parcel / PID No.: [____________]

Check land system: ☐ Abstract (County Recorder) ☐ Torrens / Registered (Registrar of Titles — attach owner's duplicate Certificate of Title No. [____________])

SPACE ABOVE RESERVED FOR RECORDING INFORMATION AND TAX CERTIFICATION

WARRANTY / QUITCLAIM DEED — TRANSFER TO REVOCABLE LIVING TRUST

State of Minnesota

1. GRANTOR

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

2. GRANTEE / VESTING IN TRUSTEE

[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 (collectively, the "Trustee"), whose mailing address is [____________________________________].

Title vests in the Trustee, in trust, and in any successor trustee, without the necessity of any further conveyance, to be held, administered, and distributed according to the terms of the [TRUST NAME] dated [__/__/____] (the "Trust") and any amendments to it, with all powers granted to the Trustee under the Trust and under the Minnesota Trust Code, Minn. Stat. ch. 501C.

3. CONSIDERATION

This conveyance is made for estate-planning purposes only, with no change in beneficial ownership. The total consideration for this transfer is $3,000 or less — nominal consideration of One and No/100 Dollars ($1.00) and other good and valuable consideration — the Grantor being the settlor and a lifetime beneficiary of the Trust.

Total consideration for this transfer is $3,000 or less. (This statement allows the County Recorder/Registrar to accept the deed with the minimum deed tax and without an eCRV — see Section 7.)

4. GRANTING CLAUSE

The Grantor, in consideration of the sum stated above, hereby CONVEYS and WARRANTS to the Trustee, as Grantee, the real property in [____________] County, Minnesota legally described in Exhibit A, together with all hereditaments and appurtenances belonging to it.

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

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

5. WELL DISCLOSURE (Minn. Stat. § 103I.235)

Check one:

☐ The Grantor certifies that the Grantor does not know of any wells on the described real property.

☐ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate.

☐ Wells exist; a completed Well Disclosure Certificate and the $50 fee accompany this deed.

6. SUBJECT TO

This conveyance is made subject to:

(a) Real estate taxes and special 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 regulations; 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.

7. DEED TAX, eCRV, AND GARN-ST GERMAIN RECITALS

7.1 State deed tax (Minn. Stat. § 287.21). A deed tax is imposed on each deed presented for recording, measured against the net consideration at the rate of .0033. When there is no consideration, or the consideration is $3,000 or less, the deed tax is the minimum of $1.65 (in Hennepin and Ramsey Counties, where an additional Environmental Response Fund tax of .0001 applies, the minimum is $1.70). Because this trust-funding transfer is for no consideration, only the minimum deed tax is due. (The Minnesota Department of Revenue Form DT1 may be used to document a claim for minimum or exempt deed tax.)

7.2 Certificate of Real Estate Value / eCRV (Minn. Stat. § 272.115). An electronic Certificate of Real Estate Value (eCRV) must be filed only when real property is transferred for consideration in excess of $3,000. Because the consideration for this transfer is $3,000 or less, no eCRV is required; the "$3,000 or less" recital in Section 3 supports acceptance without an eCRV.

7.3 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.

7.4 Homestead / title-insurance continuity. The parties intend that any homestead classification and the homestead market-value exclusion applicable to the Property continue uninterrupted. Because the Grantor remains the beneficial owner and a beneficiary of the Trust, the Grantor should confirm continued homestead classification with the county assessor and re-file any required homestead application. Re-titling into a trust can affect an existing owner's title insurance policy; the Grantor should obtain an endorsement naming the Trustee as an insured or confirm coverage continuity in writing with the title insurer before recording.

8. EXECUTION

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

GRANTOR:

____________________________________
[GRANTOR FULL LEGAL NAME]

____________________________________
[SPOUSE FULL LEGAL NAME], joining to convey and release homestead rights, if any (if applicable — Minn. Stat. § 507.02)

9. NOTARY ACKNOWLEDGMENT (Minnesota)

This instrument was acknowledged before me on [__/__/____] by [GRANTOR FULL LEGAL NAME] [and [SPOUSE FULL LEGAL NAME]], [a single person / married persons].

____________________________________
Notary Public
My commission expires: ______________

(Affix notarial stamp)

10. RECORDING AND TAX-FORM INSTRUCTIONS

1. Determine the land system FIRST. If the property is abstract land, record with the County Recorder of the county where the land lies. If the property is Torrens / registered land, file with the Registrar of Titles (same county officer, different capacity — Minn. Stat. § 508.30); a Torrens transfer typically requires the owner's duplicate Certificate of Title and may require Examiner of Titles review. Misfiling delays recording.
2. Format (Minn. Stat. § 507.093). Sheets no larger than 8.5 x 14 inches; black ink, type no smaller than 8 point; white paper at least 20-pound; 3-inch blank space at top of first page (right half for recording, left half for tax certification); border of at least one-half inch on remaining pages.
3. Deed tax (Minn. Stat. § 287.21). Pay the minimum $1.65 deed tax ($1.70 in Hennepin/Ramsey) and the county recording fee. Include the "$3,000 or less" statement; use Form DT1 if the county requests documentation of the minimum/exempt claim.
4. eCRV (Minn. Stat. § 272.115). Not required for a transfer of $3,000 or less; do not file one for this transfer unless the county requests it for a higher-value transfer.
5. Well disclosure (Minn. Stat. § 103I.235). Include the applicable well statement (Section 5) or file a Well Disclosure Certificate with the $50 fee.
6. Update collateral records. After recording: (a) confirm homestead classification with the county assessor; (b) obtain written instructions from the property/casualty insurer on how the owner, Trustee, Trust, and lender should appear on the policy; (c) provide a recorded copy and a certificate of trust (Minn. Stat. § 501C.1013) to the title company.

EXHIBIT A — LEGAL DESCRIPTION

[INSERT THE COMPLETE LEGAL DESCRIPTION EXACTLY AS IT APPEARS ON THE GRANTOR'S CURRENT VESTING DEED OR CERTIFICATE OF TITLE — lot/block/addition with the recorded plat, government survey (section, township, range), or registered-land description. Include the PID. For Torrens land, the description must match the Certificate of Title. Attach surveys or additional pages as needed.]

____________________________________

____________________________________

____________________________________

Sources and References

• Minn. Stat. § 507.07 — statutory short forms for warranty and quitclaim deeds.
• Minn. Stat. § 507.24 — when conveyances are recordable; original signatures and certified acknowledgment required.
• Minn. Stat. § 507.34 — unrecorded conveyances void as against subsequent good-faith purchasers (record promptly).
• Minn. Stat. § 507.093 — document format standards for recording or filing.
• Minn. Stat. § 508.30; ch. 508 / 508A — Registrar of Titles; Torrens/registered land system.
• Minn. Stat. § 287.21 — state deed tax; minimum $1.65 when no consideration or consideration is $3,000 or less; Department of Revenue Form DT1.
• Minn. Stat. § 272.115 — Certificate of Real Estate Value (eCRV); required only when consideration exceeds $3,000.
• Minn. Stat. § 103I.235 — well disclosure on the transfer of real property; deed statement alternatives.
• Minn. Stat. § 501C.1013 — certificate of trust.
• Minn. Stat. § 507.02 — conveyance of homestead requires both spouses to join.
• 12 U.S.C. § 1701j-3(d)(8) — qualifying residential inter vivos trust transfer
• Minnesota Department of Revenue — Deed Tax (revenue.state.mn.us/deed-tax) and eCRV (revenue.state.mn.us/electronic-certificate-real-estate-value-ecrv).

This document is provided for informational purposes only and does not constitute legal advice. Confirm whether the property is abstract or Torrens, and the deed-tax/eCRV treatment, with the county before recording, and consult a licensed Minnesota attorney before executing or recording this deed.