Deed Transferring Real Property into Living Trust

Prepared by: [____________________________________] [NJ attorney name, if applicable]

Record and return to:
[____________________________________]
[____________________________________]

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

Tax Map Reference (N.J.S.A. 46:15-1.1 / 46:26A-3): Municipality of [____________], Block [______], Lot [______], Qualifier [______], County of [____________], New Jersey

Consideration: $[____] (less than $100.00) RTF paid: $0.00 (exempt — see Section 7)

SPACE ABOVE THIS LINE RESERVED FOR COUNTY RECORDING OFFICER

BARGAIN AND SALE DEED, WITH COVENANTS AS TO GRANTOR'S ACTS — TRANSFER TO REVOCABLE LIVING TRUST

State of New Jersey

1. GRANTOR

This Deed is made on [__/__/____].

BETWEEN [GRANTOR FULL LEGAL NAME], [a single person / a married person / spouses], whose address is [____________________________________] (referred to as the "Grantor").

2. GRANTEE / VESTING IN TRUSTEE

AND [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, whose address is [____________________________________] (referred to as the "Grantee" or the "Trustee").

The words "Grantor" and "Grantee" shall mean all Grantors and all Grantees listed above. 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 Jersey Uniform Trust Code, N.J.S.A. 3B:31-1 et seq.

3. TRANSFER OF OWNERSHIP / CONSIDERATION

The Grantor grants and conveys (transfers ownership of and title to) the Property described below to the Grantee. This transfer is made for the sum of less than One Hundred Dollars ($100.00) — nominal consideration of One Dollar ($1.00) — this being an estate-planning transfer into the Grantor's own revocable living trust with no change in beneficial ownership. The Grantor acknowledges that no sale, purchase, or exchange has occurred. The Grantor is the settlor and a present beneficiary of the Trust during the Grantor's lifetime.

4. PROPERTY DESCRIPTION

The Property consists of the land and all the buildings and structures on the land in the Municipality of [____________], County of [____________], and State of New Jersey, described as follows:

SEE SCHEDULE A (LEGAL DESCRIPTION) ANNEXED HERETO AND MADE A PART HEREOF.

Street address: [STREET ADDRESS, MUNICIPALITY, NEW JERSEY, ZIP]

Being the same land and premises conveyed to the Grantor by deed dated [__/__/____] and recorded in the [____________] County recording office in Deed Book [______], Page [______] (Instrument No. [____________]).

5. PROMISES BY GRANTOR (COVENANT AS TO GRANTOR'S ACTS)

The Grantor promises that the Grantor has done no act to encumber the Property. This promise is called a "covenant as to grantor's acts" (N.J.S.A. 46:4-6). This promise means that the Grantor has not allowed anyone else to obtain any legal rights which affect the Property (such as by making a mortgage or allowing a judgment to be entered against the Grantor), except as set forth in Section 6.

6. 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, land-use, building, 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. REALTY TRANSFER FEE EXEMPTION, GIT/REP NOTE, AND GARN-ST GERMAIN RECITALS

7.1 New Jersey Realty Transfer Fee (N.J.S.A. 46:15-5 et seq.). The Realty Transfer Fee (RTF) is imposed on the consideration recited in a deed and must be paid before the county recording officer will record the deed. Because the RTF is measured by consideration, a transfer for nominal or no consideration generally yields no fee.

7.2 Exemption for a deed for consideration of less than $100 / to a revocable trust (N.J.S.A. 46:15-10). This conveyance is EXEMPT from the Realty Transfer Fee. Under N.J.S.A. 46:15-10, the fee does not apply to a deed "for a consideration of less than $100." This deed transfers the Property to the Grantor's own revocable living trust for consideration of less than $100, with no change in beneficial ownership; accordingly, no RTF (including no state, county, supplemental, general-purpose, or grantee 1% fee) is due.

IMPORTANT — file the RTF-1 and explain the exemption. An Affidavit of Consideration for Use by Seller (Form RTF-1) must be filed with the deed whenever a full or partial exemption from the RTF is claimed. In the "Full Exemption from Fee" section, a mere reference to an exemption symbol is insufficient — the exemption must be explained in detail. State, for example: "Deed for consideration of less than $100 (N.J.S.A. 46:15-10). Transfer without consideration into the grantor's revocable living trust for estate-planning purposes; no change in beneficial ownership." Confirm the exemption with the county recording officer before recording.

7.3 GIT/REP (nonresident seller gross income tax) — inapplicable. The Gross Income Tax estimated-payment requirement on the sale of New Jersey real property (the GIT/REP forms, N.J.S.A. 54A:8-9; N.J.A.C. 18:35-1.6) applies to a sale or transfer for consideration. Because this is a transfer without consideration into the Grantor's own revocable trust (not a sale), the GIT/REP estimated-tax requirement does not apply; the recording is supported by the RTF-1 exemption. If a county recording officer requests a GIT/REP form, the applicable form is GIT/REP-3 (Seller's Residency / exemption certification), claiming the no-consideration/non-sale exemption.

7.4 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.

7.5 Title insurance / exemption continuity. 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. Any property-tax deduction (e.g., senior/disabled/veteran under N.J.S.A. 54:4-8.40 et seq.) should be re-confirmed with the municipal tax assessor after re-titling.

8. EXECUTION

The Grantor signs this Deed as of the date at the top of the first page.

Witnessed or attested by:

____________________________________ ____________________________________
Witness [GRANTOR FULL LEGAL NAME], Grantor

____________________________________ ____________________________________
Witness [SPOUSE FULL LEGAL NAME], if applicable

9. NOTARY ACKNOWLEDGMENT (New Jersey)

I CERTIFY that on [__/__/____], [GRANTOR FULL LEGAL NAME] [and [SPOUSE FULL LEGAL NAME]] personally came before me and stated to my satisfaction that this person (or, if more than one, each person):

(a) was the maker of this Deed;
(b) executed this Deed as his or her own act; and
(c) made this Deed for $[____] (less than $100.00) as the full and actual consideration paid or to be paid for the transfer of title. (Such consideration is defined in N.J.S.A. 46:15-5.)

____________________________________
Notary Public / Attorney-at-Law of New Jersey
My commission expires: ______________

(Affix seal)

10. RECORDING AND TAX-FORM INSTRUCTIONS

1. Where to record. Record the original, signed, witnessed/attested, and acknowledged deed with the County Clerk (or Register of Deeds and Mortgages) of [____________] County, New Jersey — the county in which the Property is located (N.J.S.A. 46:26A-2 et seq.).
2. Tax map reference. Confirm the municipality, block, lot, and qualifier appear on the deed (N.J.S.A. 46:15-1.1 / 46:26A-3).
3. RTF-1 Affidavit of Consideration. File the Affidavit of Consideration for Use by Seller (RTF-1) with the deed, claiming the full exemption and explaining the exemption in detail (consideration less than $100 / transfer to grantor's revocable trust — N.J.S.A. 46:15-10). A mere exemption-symbol reference is insufficient.
4. GIT/REP. As a no-consideration trust transfer (not a sale), the GIT/REP estimated-payment requirement does not apply; if the recording officer requires a form, file GIT/REP-3 with the no-consideration/non-sale exemption.
5. Realty Transfer Fee. If the exemption is confirmed, no RTF is due. Recite consideration of less than $100 on the face of the deed and in the acknowledgment.
6. Recording fees. Pay the county recording fee per page.
7. Update collateral records. After recording, (a) notify the property/casualty insurer and add the Trustee as a named insured; (b) re-confirm any property-tax deduction with the municipal tax assessor; (c) provide a recorded copy and a certification of trust (N.J.S.A. 3B:31-69) to the title company; and (d) record this deed before, not after, any closing on a sale or refinance.

SCHEDULE A — LEGAL DESCRIPTION

[INSERT THE COMPLETE LEGAL DESCRIPTION EXACTLY AS IT APPEARS ON THE GRANTOR'S CURRENT VESTING DEED — metes-and-bounds, or lot/block reference keyed to the municipal tax map, with reference to the prior deed Book and Page. Attach surveys or additional pages as needed.]

____________________________________

____________________________________

____________________________________

Sources and References

• N.J.S.A. 46:4-6 — covenant as to grantor's acts (the covenant carried by a bargain and sale deed with covenants). https://law.justia.com/codes/new-jersey/title-46/
• N.J.S.A. 46:5-3 / 46:5-4 — bargain and sale deed; words of conveyance.
• N.J.S.A. 46:26A-2 et seq. — recording of deeds with the county recording officer.
• N.J.S.A. 46:14-2.1 — acknowledgment/proof of deeds.
• N.J.S.A. 46:15-5 et seq. — Realty Transfer Fee Act; N.J.S.A. 46:15-7 (imposition on consideration).
• N.J.S.A. 46:15-10 — RTF exemptions, including a deed "for a consideration of less than $100." https://www.njrealtor.com/government-affairs/realty-transfer-fee/
• Form RTF-1 — Affidavit of Consideration for Use by Seller (required when a full or partial RTF exemption is claimed; explain the exemption in detail). https://www.nj.gov/treasury/taxation/pdf/other_forms/lpt/rtfexempt.pdf
• N.J.S.A. 54A:8-9; N.J.A.C. 18:35-1.6 — GIT/REP estimated gross income tax on nonresident sellers (inapplicable to a no-consideration trust transfer; GIT/REP-3 exemption if a form is requested).
• N.J.S.A. 3B:31-1 et seq. — New Jersey Uniform Trust Code; N.J.S.A. 3B:31-69 (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. The Realty Transfer Fee is imposed on consideration; file the RTF-1 with a detailed exemption explanation and consult a licensed New Jersey attorney before executing or recording this deed.