Deed Transferring Real Property into Living Trust

A.P.N. (Assessor's Parcel Number): [____________]

This instrument prepared by:
[____________________________________]
[____________________________________]

When recorded mail to:
[____________________________________]
[____________________________________]

Mail tax statements to:
[____________________________________] , Trustee
[____________________________________]

SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE

GRANT, BARGAIN, AND SALE DEED — TRANSFER TO REVOCABLE LIVING TRUST

State of Nevada

1. GRANTOR

[GRANTOR FULL LEGAL NAME], [a single person / a married person as his/her sole and separate property / husband and wife / spouses as community property / spouses as community property with right of survivorship], 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 Nevada law (NRS ch. 163 and ch. 164).

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. The recital of "without consideration" is required to support the NRS 375.090(7) transfer-tax exemption.

4. GRANTING CLAUSE

FOR NO CONSIDERATION, this conveyance being made solely for estate-planning purposes to fund the Grantor's revocable living trust, the Grantor does hereby GRANT, BARGAIN, SELL, AND CONVEY 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, CITY, NEVADA, ZIP]

County: [____________] County, Nevada

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

TO HAVE AND TO HOLD the Property, together with all improvements, hereditaments, easements, and appurtenances belonging to it, unto the Grantee, as Trustee, and the Grantee's successors in trust and assigns forever. By the words "grant, bargain, and sell," the Grantor confirms only the limited covenants implied under NRS 111.170 against the Grantor's own acts.

5. SUBJECT TO

This conveyance is made subject to:

(a) Ad valorem real property 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, 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-CAP / 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.

6.2 Property-tax abatement / assessment continuity. The parties intend that any property-tax partial abatement ("tax cap") or assessment classification applicable to the Property (NRS 361.471 et seq.) continue uninterrupted after this conveyance. Because the Grantor remains the beneficial owner and a present beneficiary of the Trust, the transfer is not a change of ownership that resets the property-tax cap; the Grantor should confirm with the county assessor that the owner-occupied/primary-residence abatement claim is preserved and re-file the abatement claim form if requested.

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 PROPERTY TRANSFER TAX EXEMPTION AND GARN-ST GERMAIN RECITALS

7.1 Nevada Real Property Transfer Tax (NRS ch. 375). Nevada imposes a Real Property Transfer Tax on each transfer of an interest in real property exceeding $100 in value, collected by the county recorder when the deed is recorded. The base rate is $1.95 for each $500 of value (or fraction thereof), plus county add-ons (e.g., an additional $0.60 in Clark County and $0.10 in Washoe and Churchill Counties). The grantor and grantee are jointly and severally liable for the tax.

7.2 Exemption for a transfer to the grantor's trust (NRS 375.090(7)). This conveyance is EXEMPT from the Real Property Transfer Tax under NRS 375.090(7), which exempts "[a] transfer of title to or from a trust without consideration if a certificate of trust is presented at the time of transfer." Because this deed transfers the Property to the Grantor's own revocable trust without consideration, it qualifies for the exemption.

IMPORTANT — conditions to the exemption. The exemption is allowed only if (a) the transfer is without consideration (so recited in Section 3 and on the Declaration of Value), and (b) a certificate of trust (or the trust instrument or an affidavit of trust) is presented to the county recorder at the time of transfer. The exemption number and an explanation must be stated on the Declaration of Value form. The county recorder audits documents at the time of recording and may require supporting documentation; disallowance of a claimed exemption may result in a 10% penalty plus interest (NRS 375.030).

Declaration of Value entry: Claim Exemption per NRS 375.090, Section 7, and explain: "Transfer of title to a revocable living trust without consideration; certificate of trust presented. Grantor is the settlor and present beneficiary of the trust."

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.

8. EXECUTION

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

GRANTOR:

____________________________________
[GRANTOR FULL LEGAL NAME]

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

9. NOTARY ACKNOWLEDGMENT (Nevada)

This instrument was acknowledged before me on this ____ day of ______________, 20____, by [GRANTOR FULL LEGAL NAME] [and [SPOUSE FULL LEGAL NAME]].

____________________________________
Notary Public
My commission expires: ______________

(Affix notarial seal)

10. RECORDING AND TAX-FORM INSTRUCTIONS

1. Where to record. Record the original, signed, and acknowledged deed in the office of the County Recorder of [____________] County, Nevada — the county in which the Property is located (NRS 111.315).
2. Recording requirements (NRS 111.312). The deed must show (a) the assessor's parcel number at the top-left corner of the first page; (b) the mailing address of the grantee; (c) the name and address of the person to whom tax statements are to be mailed; and (d) if the legal description is in metes and bounds, the name and mailing address of the person who prepared it.
3. Declaration of Value (NRS 375.060). A completed Declaration of Value form must accompany the deed. State the exemption number (NRS 375.090, Section 7) and the explanation in the exemption section.
4. Certificate of trust. Present a certificate of trust (NRS 164.410), or the trust instrument or affidavit of trust, to the county recorder at the time of recording to support the exemption.
5. Transfer tax. If the exemption is confirmed, no transfer tax is due. Do not claim the exemption without reciting "without consideration" and presenting the certificate of trust — see Section 7.2.
6. Recording fees. Pay the per-page recording fee charged by the county recorder.
7. Update collateral records. After recording, (a) notify the property/casualty insurer and add the Trustee as a named insured; (b) confirm the property-tax abatement/cap with the county assessor; (c) provide a recorded copy and certificate of trust 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 — lot/block/subdivision with plat/map book and page, or metes-and-bounds, or government survey. If metes-and-bounds, include the preparer's name and mailing address per NRS 111.312(5). Include the A.P.N. Attach surveys or additional pages as needed.]

____________________________________

____________________________________

____________________________________

Sources and References

• NRS 111.105 — conveyances of land by deed. https://www.leg.state.nv.us/nrs/nrs-111.html
• NRS 111.312 — requirements for recording deeds (APN, mailing address, tax-statement address, metes-and-bounds preparer). https://www.leg.state.nv.us/nrs/nrs-111.html
• NRS 111.315 / 111.320 — recording with the county recorder; constructive notice.
• NRS 111.170 — construction of "grant, bargain and sell" in conveyances; implied covenants.
• NRS ch. 375 — Taxes on Transfers of Real Property; NRS 375.020/.023/.026 (imposition and rate). https://www.leg.state.nv.us/nrs/NRS-375.html
• NRS 375.090(7) — exemption: transfer of title to or from a trust without consideration if a certificate of trust is presented at the time of transfer.
• NRS 375.060 — Declaration of Value form required at recording.
• NRS 164.410 — certification of trust.
• Clark County Recorder, Real Property Transfer Tax Exemptions (Exemption 7 — transfer without consideration to or from a trust; certificate of trust required). https://www.clarkcountynv.gov
• 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. Confirm the Real Property Transfer Tax exemption (Declaration of Value plus certificate of trust) with the county recorder and consult a licensed Nevada attorney before executing or recording this deed.