Deed Transferring Real Property into Living Trust - North Carolina

NON-WARRANTY DEED

Transfer to Revocable Living Trust — North Carolina

IMPORTANT: This form transfers the Grantor's present interest to the specifically named current Trustee of a specifically identified revocable trust. It does not prove the Trust's validity, the Trustee's authority, lender consent, tax treatment, insurance coverage, benefit eligibility, or title-insurance continuity. North Carolina trust-and-estates and real-property counsel must coordinate the deed, trust instrument, current title, liens, marital rights, tax classification, and recording before execution.

1. DOCUMENT HEADER

2. GRANTOR

This Deed is made on [__/__/____] by [GRANTOR LEGAL NAME], a [marital status or entity description], whose address is [________________________________] (“Grantor”).

Grantor acquired the Property by [INSTRUMENT OR OTHER SOURCE OF TITLE], recorded in Deed Book [___], Page [___], in [County] County, North Carolina, if applicable.

3. GRANTEE AND TRUST IDENTIFICATION

The Grantee is [CURRENT TRUSTEE LEGAL NAME], solely in the capacity as Trustee of the [FULL TRUST NAME], under trust instrument dated [__/__/____], as amended (“Grantee”).

Grantee's mailing address is [________________________________].

Before execution, counsel shall confirm:

• the Trust's exact name and date;
• the identity, address, and authority of every currently acting Trustee;
• whether one Trustee, all cotrustees, or another person must accept or join;
• the exact manner in which title should be taken;
• whether the Trust has been revoked or amended in a way affecting this transaction; and
• how a later change of Trustee will be reflected in the land records.

Do not identify the Trust alone as Grantee unless North Carolina title counsel approves the exact vesting language.

4. CONSIDERATION AND EXCISE-TAX CLASSIFICATION

This conveyance is made for:

☐ No consideration in property or money due or paid by Grantee to Grantor.

☐ A bona fide gift.

☐ Consideration of $[___].

☐ Other consideration: [________________________________].

N.C.G.S. § 105-228.29 excludes a transfer by gift and a transfer for which no consideration in property or money is due or paid. Do not assume that every transfer involving a revocable trust falls within an exclusion; complete the facts and have counsel determine the classification.

If the transfer is taxable, N.C.G.S. § 105-228.30 imposes $1.00 for each $500.00 or fractional part of the consideration or value of the interest conveyed, payable by the transferor before recording. Under N.C.G.S. § 105-228.32, the presenter must report the correct amount due, and the Register of Deeds collects the tax due and marks the instrument to show the amount paid.

5. PROPERTY

The real property conveyed by this Deed is located in [County] County, North Carolina, and is described in Exhibit A, attached and incorporated by reference (“Property”).

The street address and parcel number are included for identification only. The controlling description is Exhibit A.

6. NON-WARRANTY CONVEYANCE

For the consideration stated above, Grantor remises, releases, quitclaims, and conveys to Grantee, as Trustee of the Trust identified above, all of Grantor's right, title, and interest in the Property.

This conveyance is in fee simple unless the attorney-drafted limitation below expressly provides otherwise. N.C.G.S. § 39-1 presumes a fee conveyance unless the instrument's express words show, or the instrument plainly intends, an estate of less dignity.

Attorney-drafted limitation, if any: [NONE / INSERT LIMITATION].

No Warranty

Grantor conveys only Grantor's right, title, and interest, without any warranty of title, express or implied.

Subject To

The conveyance is subject to easements, restrictions, covenants, rights-of-way, liens, leases, taxes, and other matters of record or disclosed by a current title examination, except as expressly released or satisfied at recording.

By accepting this Deed, Grantee does not agree in this instrument to assume personal liability for a debt secured by the Property. Any assumption must be stated in a separate written agreement reviewed by counsel.

7. TRUST CERTIFICATION

N.C.G.S. § 36C-10-1013 permits a Trustee to furnish a certification of trust instead of the trust instrument to a person other than a beneficiary. The recipient may require excerpts that designate the Trustee and confer the power to act in the transaction. For a real-property transaction, a relying person may require the certification to be executed and acknowledged in a form that permits registration in the county where the Property is located.

☐ Certification of Trust is attached as Exhibit B.

☐ Certification of Trust will be delivered separately and is not recorded with this Deed.

☐ Recipient has specified another authority package: [________________________________].

Do not attach dispositive trust terms, taxpayer-identification information, or the full trust instrument without counsel's review of necessity and record privacy.

8. LENDER, TAX, INSURANCE, AND BENEFITS REVIEW

Before recording, obtain transaction-specific advice concerning:

• any deed of trust, mortgage, due-on-sale clause, lender notice, or consent;
• owner and lender title-insurance coverage and endorsements;
• property and casualty insurance naming and occupancy;
• property-tax listing, billing address, exclusions, classifications, or applications;
• federal and state income, gift, estate, and generation-skipping-transfer tax;
• Medicaid, public-benefit, creditor, bankruptcy, and eligibility consequences;
• homeowners' association, lease, land-use, agricultural, conservation, or other restrictions; and
• whether the trust plan actually directs the intended administration and disposition of the Property.

This Deed makes no representation that a lender, insurer, taxing authority, benefit agency, creditor, or title company will treat the transfer as neutral or exempt.

9. REGISTRATION

N.C.G.S. § 47-17 requires acknowledgment by the person executing a deed, or proof of the person's signature as prescribed by law, before registration. A deed executed and registered according to law passes title and estates without another ceremony. Under N.C.G.S. § 47-18, recording priority against lien creditors and purchasers for value begins with registration in the county where the land lies.

Record this Deed in [County] County, North Carolina, after counsel confirms execution, acknowledgment, excise-tax treatment, formatting, fees, and local prerequisites.

10. EXECUTION

GRANTOR:

_____________________________________________ (SEAL)

[GRANTOR PRINTED NAME]

Address: [________________________________]

Additional required owner or spouse, if title counsel determines one must sign:

_____________________________________________ (SEAL)

[PRINTED NAME AND CAPACITY]

Address: [________________________________]

11. ACKNOWLEDGMENT

NORTH CAROLINA, [COUNTY] COUNTY

I, [NAME AND TITLE OF OFFICIAL], certify that [NAME OR NAMES OF PERSONS ACKNOWLEDGING] personally appeared before me this day and acknowledged the due execution of the foregoing instrument.

Witness my hand and official seal this [DAY] day of [MONTH], [YEAR].

_____________________________________________

Signature of Official

[PRINTED NAME]

[TITLE]

My commission expires: [__/__/____]

[OFFICIAL SEAL]

EXHIBIT A — LEGAL DESCRIPTION

[INSERT COMPLETE LEGAL DESCRIPTION FROM CURRENT TITLE EVIDENCE]

[____________________________________________________________]

[____________________________________________________________]

[____________________________________________________________]

Parcel Identifier No.: [________________________________]

EXHIBIT B — CERTIFICATION OF TRUST

☐ Not attached.

☐ Attached after review under N.C.G.S. § 36C-10-1013.

[INSERT SEPARATELY PREPARED CERTIFICATION IF USED]

RECORDING AND FUNDING CHECKLIST

☐ North Carolina trust-and-estates and real-property counsel reviewed the trust, current title, legal description, and intended funding transaction.

☐ The deed names every Grantor and the current Trustee in the exact approved vesting form.

☐ Every required owner, spouse, fiduciary, cotrustee, lender, or other party has signed or consented as counsel directs.

☐ Current title evidence and the complete legal description were used.

☐ Existing deeds of trust, liens, leases, restrictions, and required consents have been addressed.

☐ Excise-tax scope, exclusion, rate, payer, reporting, and amount were determined under N.C.G.S. §§ 105-228.28 through 105-228.32.

☐ Paper format complies with N.C.G.S. § 161-14(b), or the Register of Deeds confirmed the applicable electronic-recording requirements.

☐ The person executing the Deed acknowledged it, or the signature was proved as prescribed by law, before registration under N.C.G.S. § 47-17.

☐ County indexing, parcel-number, fee, tax, and submission requirements were confirmed with the Register of Deeds.

☐ The recorded deed will be delivered to the Trustee and retained with the Trust's funding records.

☐ Lender, insurance, title-insurance, tax, benefit, creditor, and estate-plan follow-up has been assigned and documented.

SOURCES AND REFERENCES

• N.C.G.S. § 39-1 — Fee presumed unless a lesser estate is expressed
• N.C.G.S. § 47-17 — Acknowledgment or proof before registration
• N.C.G.S. § 47-18 — Recording priority
• N.C.G.S. § 47-38 — Acknowledgment form
• N.C.G.S. §§ 105-228.28 through 105-228.32 — Conveyance excise tax
• N.C.G.S. § 161-14 — Paper-recording format
• N.C.G.S. § 36C-10-1013 — Certification of trust

This document is provided for informational purposes only and does not constitute legal advice. Consult a licensed North Carolina attorney before executing or recording this deed.