Deed Transferring Real Property into Living Trust

This instrument prepared by: [____________________________________] [NH Bar # ______, if attorney]
[____________________________________]

After recording return to:
[____________________________________]
[____________________________________]

Send subsequent tax bills to:
[____________________________________] , Trustee
[____________________________________]

Town / City of property: [____________] County: [____________]

SPACE ABOVE THIS LINE RESERVED FOR REGISTRY OF DEEDS / RETT STAMP

QUITCLAIM DEED — TRANSFER TO REVOCABLE LIVING TRUST

State of New Hampshire

1. GRANTOR

[GRANTOR FULL LEGAL NAME], [a single person / a married person / spouses], 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" or "Grantee"), whose mailing address is [____________________________________].

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 New Hampshire Trust Code, RSA 564-B:1-101 et seq.

3. CONSIDERATION

This conveyance is made for estate-planning purposes only, with no change in beneficial ownership of the Property. It is made WITHOUT CONSIDERATION — the Grantor being the settlor and a present beneficiary of the Trust during the Grantor's lifetime. No sale, purchase, or exchange has occurred.

4. GRANTING CLAUSE

KNOW ALL PERSONS BY THESE PRESENTS, that the Grantor, for the estate-planning purpose stated above and without consideration, does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM unto the Grantee, as Trustee as aforesaid, and to the Grantee's successors in trust and assigns, all of the Grantor's right, title, and interest in and to the following described real property (the "Property"):

Property commonly known as: [STREET ADDRESS, TOWN/CITY, NEW HAMPSHIRE, ZIP]

Town/City: [____________] County: [____________] County, New Hampshire

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

Being the same premises conveyed to the Grantor by deed recorded in the [____________] County Registry of Deeds at Book [______], Page [______].

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

5. SUBJECT TO

This conveyance is made subject to:

(a) Real estate taxes 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, 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.

6. PURPOSE; EXEMPTION CONTINUITY; TITLE INSURANCE

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. This is precisely the kind of transfer the Legislature exempted by RSA 78-B:2, XXII.

6.2 Tax exemptions / assessment continuity. The parties intend that any property-tax exemption or credit applicable to the Property (e.g., elderly, veterans', or disability exemptions/credits under RSA ch. 72) continue uninterrupted after this conveyance. Because the Grantor remains the beneficial owner and a present beneficiary of the Trust, the Grantor should confirm with the municipal assessor that any applicable exemption or credit is preserved after re-titling and re-file any required application.

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 in writing, with the title insurer before recording.

7. REAL ESTATE TRANSFER TAX EXEMPTION AND GARN-ST GERMAIN RECITALS

7.1 New Hampshire Real Estate Transfer Tax — aggressive posture (RSA ch. 78-B). New Hampshire imposes a Real Estate Transfer Tax (RETT) on the sale, granting, and transfer of real property at $0.75 per $100 of consideration on the buyer and $0.75 per $100 on the seller (a combined $1.50 per $100), with a minimum tax of $40 ($20 each side) for transactions of $4,000 or less. The RETT is unusually broad: under RSA 78-B:1 and the DRA's guidance, all contractual transfers are taxable unless specifically exempt under RSA 78-B:2, the tax falls on both parties, and a false statement that no tax is due carries a 100% penalty (in lieu of the late-payment penalty). The exemption below must therefore be claimed precisely.

7.2 Exemption for a transfer to a revocable trust (RSA 78-B:2, XXII). This conveyance is EXEMPT from the RETT under RSA 78-B:2, XXII, which exempts a transfer of title without consideration to a trust, including the funding of a revocable living trust as a testamentary substitute. Because this deed transfers the Property without consideration to the Grantor's own revocable trust, it is not subject to the tax.

IMPORTANT — claim the exemption exactly. Place the following recital on the face of this deed (DRA-recommended language):

"This is a transfer pursuant to New Hampshire Revised Statutes 78-B:2(XXII). Therefore, no State of New Hampshire real estate transfer tax liability is payable."

Only the Form PA-34 (Inventory of Property Transfer) is required for this exempt transfer; it must be filed with the DRA within 30 days of recording. On the PA-34, "Step 5 — Transactional Detail," answer "No" to whether the selling price is fair market value and note RSA 78-B:2(XXII). The CD-57 Declaration of Consideration forms are NOT required for a transfer specifically exempted under RSA 78-B:2 (other than the RSA 78-B:2, IX exception, which does not apply here). Do not state that no tax is due unless the transfer truly qualifies — the 100% false-statement penalty applies.

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 in the property." 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

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

GRANTOR:

____________________________________
[GRANTOR FULL LEGAL NAME]

____________________________________
[SPOUSE FULL LEGAL NAME], joining to release homestead right, if applicable

9. NOTARY ACKNOWLEDGMENT (New Hampshire)

On this ____ day of ______________, 20____, before me, the undersigned officer, personally appeared [GRANTOR FULL LEGAL NAME] [and [SPOUSE FULL LEGAL NAME]], known to me or satisfactorily proven to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged that he/she/they executed the same for the purposes therein contained.

____________________________________
Notary Public / Justice of the Peace
My commission expires: ______________

(Affix seal)

10. RECORDING AND TAX-FORM INSTRUCTIONS

1. Where to record. Record the original, signed, and acknowledged deed in the [____________] County Registry of Deeds — the county in which the Property is located (RSA 477:7, RSA 478).
2. Transfer-tax recital. Confirm the RSA 78-B:2(XXII) exemption recital (Section 7.2) appears on the face of the deed before presenting it for recording.
3. Form PA-34 (Inventory of Property Transfer). File the PA-34 with the NH Department of Revenue Administration within 30 days of recording; note RSA 78-B:2(XXII) and answer the fair-market-value question "No."
4. No CD-57. Do not file the CD-57-P / CD-57-S Declaration of Consideration forms for this RSA 78-B:2 exempt transfer.
5. Recording fees. Pay the per-page recording fee charged by the registry, plus the LCHIP surcharge (RSA 478:17-g).
6. Update collateral records. After recording, (a) notify the property/casualty insurer and add the Trustee as a named insured; (b) confirm any property-tax exemption/credit with the municipal assessor; (c) provide a recorded copy and a certification of trust (RSA 564-B:10-1013) to the title company; and (d) record this deed before, not after, any closing on 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/plan reference with reference to the recorded plan and the prior deed Book and Page. Attach surveys or additional pages as needed.]

____________________________________

____________________________________

____________________________________

Sources and References

• RSA 477:3 — conveyances of land must be in writing, signed, and acknowledged.
• RSA 477:7 / RSA 478 — recording of deeds in the registry of deeds of the county where the land lies.
• RSA 477:14 — acknowledgment of deeds before a justice, notary, or commissioner.
• RSA 477:27 / 477:28 — statutory warranty and quitclaim deed forms and covenants.
• RSA ch. 78-B — Tax on Transfer of Real Property (RETT); $0.75 per $100 each on buyer and seller. https://www.revenue.nh.gov/resource-center/frequently-asked-questions/real-estate-transfer-tax
• RSA 78-B:2, XXII — exemption for a transfer of title without consideration to a trust (revocable trust funding). https://law.justia.com/codes/new-hampshire/title-v/chapter-78-b/section-78-b-2/
• DRA-recommended deed recital and PA-34 guidance — "This is a transfer pursuant to New Hampshire Revised Statutes 78-B:2(XXII). Therefore, no State of New Hampshire real estate transfer tax liability is payable." (NH Bar, A NH Real Estate Transfer Tax Primer.)
• Form PA-34 (Inventory of Property Transfer) and Form CD-57 (Declaration of Consideration) — N.H. Code Admin. R. Rev 800; CD-57 not required for RSA 78-B:2 exempt transfers.
• RSA 564-B:1-101 et seq. — New Hampshire Trust Code; RSA 564-B:10-1013 (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. https://www.law.cornell.edu/uscode/text/12/1701j-3

This document is provided for informational purposes only and does not constitute legal advice. New Hampshire's Real Estate Transfer Tax is broad and aggressively enforced; claim the RSA 78-B:2(XXII) exemption precisely, file the PA-34, and consult a licensed New Hampshire attorney before executing or recording this deed.