Deed Transferring Real Property into Living Trust - Missouri

Prepared by:
[____________________________________]
[____________________________________]

After recording return to:
[____________________________________]
[____________________________________]

Mail future tax statements to (grantee address — Mo. Rev. Stat. § 59.310):
[____________________________________], Trustee
[____________________________________]

Property Locator / Parcel No.: [____________]

SPACE ABOVE THIS LINE RESERVED FOR RECORDER OF DEEDS USE

GENERAL WARRANTY / QUITCLAIM DEED — TRANSFER TO REVOCABLE LIVING TRUST

State of Missouri

1. GRANTOR

[GRANTOR FULL LEGAL NAME], [a single person / a married person / married persons], 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 Missouri Uniform Trust Code, Mo. Rev. Stat. ch. 456.

3. CONSIDERATION

This conveyance is made for estate-planning purposes only, with no change in beneficial ownership. The consideration is nominal — 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. No sale, purchase, or exchange has occurred.

4. GRANTING CLAUSE

The Grantor, for and in consideration of the sum stated above, the receipt of which is acknowledged, does hereby GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto the Trustee, as Grantee, and the Grantee's successors in trust and assigns, the following described real property (the "Property") situated in [____________] County, Missouri:

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

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

TO HAVE AND TO HOLD the Property, together with all rights, improvements, hereditaments, and appurtenances belonging to it, unto the Trustee and the Trustee'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, and environmental laws and regulations; and
(d) Any deed of trust or other lien of record, which the Trustee takes subject to but does not assume except as separately agreed in writing.

6. PURPOSE; TAX CONTINUITY; TITLE INSURANCE; NO TRANSFER TAX; GARN-ST GERMAIN

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. 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 No state transfer tax. Missouri imposes no state real-estate transfer tax or documentary stamp tax on this conveyance. The only charge at recording is the Recorder of Deeds fee. If the Property lies within a municipality that imposes a local real-estate transfer tax (for example, the City of St. Louis), a local transfer-tax declaration may be required — confirm with the Recorder.

6.3 Property-tax / reassessment continuity. Because the Grantor remains the beneficial owner and a beneficiary of the Trust, the Grantor should confirm with the county Assessor that the transfer does not trigger reassessment or loss of any exemption, and re-file any required claim.

6.4 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 in writing, with the title insurer before recording.

6.5 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. EXECUTION

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

GRANTOR:

____________________________________
[GRANTOR FULL LEGAL NAME]

____________________________________
[SPOUSE FULL LEGAL NAME], joining to convey (if applicable)

8. NOTARY ACKNOWLEDGMENT (Missouri — Mo. Rev. Stat. § 442.210)

On this [__/__/____], before me personally appeared [GRANTOR FULL LEGAL NAME] [and [SPOUSE FULL LEGAL NAME]], to me known to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed.

IN TESTIMONY WHEREOF, I have set my hand and affixed my official seal in the county and state aforesaid, the day and year first above written.

____________________________________
Notary Public
My commission expires: ______________

(Affix notarial seal)

9. RECORDING INSTRUCTIONS

1. Where to record. Record the original, signed, and acknowledged deed in the office of the Recorder of Deeds of [____________] County, Missouri — the county where the Property lies (Mo. Rev. Stat. § 442.380). Recording gives notice to subsequent purchasers (Mo. Rev. Stat. § 442.400).
2. First-page content (Mo. Rev. Stat. § 59.310). The first page must show the document title, the document date, the grantor name(s) and marital status, the grantee name(s), the grantee mailing address (and the address to which tax statements are to be mailed), the legal description (or a page reference), and the return address. A street address alone is not a sufficient legal description (Mo. Rev. Stat. § 59.005).
3. Format. One side only; white or light-colored paper at least 20-pound; black or dark ink; type no smaller than 8 point; 3-inch top margin on the first page and at least 3/4-inch other margins. A non-conforming document may be refused or charged an additional fee.
4. No state transfer-tax form. Pay only the recording fee. File a local transfer-tax declaration only if the municipality imposes a local transfer tax.
5. Update collateral records. After recording: (a) confirm the assessment/exemption status 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 certification of trust (Mo. Rev. Stat. § 456.10-1013) to the title company.

EXHIBIT A — LEGAL DESCRIPTION

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

____________________________________

____________________________________

____________________________________

Sources and References

• Mo. Rev. Stat. § 442.020 — conveyances of land to be by writing, signed.
• Mo. Rev. Stat. § 442.130 — form and effect of the general warranty deed ("grant, bargain and sell").
• Mo. Rev. Stat. § 442.210 — statutory forms of acknowledgment; certificate of acknowledgment.
• Mo. Rev. Stat. § 442.380 — recording of deeds in the office of the Recorder of Deeds of the county where the land lies.
• Mo. Rev. Stat. § 442.400 — effect of recording as notice.
• Mo. Rev. Stat. § 59.310 / § 59.005 — recorder document format and first-page content; grantee mailing address required; legal-description definition.
• Mo. Rev. Stat. § 461.025 — beneficiary deed (nonprobate transfer of real estate; alternative tool).
• Mo. Rev. Stat. § 456.10-1013 — Missouri Uniform Trust Code; 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. Missouri imposes no state transfer tax; confirm any local transfer tax and the Recorder's format requirements, and consult a licensed Missouri attorney before executing or recording this deed.