Deed Transferring Real Property into Living Trust - Ohio

This instrument prepared by:
[____________________________________]
[____________________________________]
[____________________________________]

After recording return to:
[____________________________________]
[____________________________________]
[____________________________________]

Send subsequent tax statements to:
[____________________________________]
[____________________________________]

Permanent Parcel No. / Auditor's Parcel ID: [____________]

SPACE ABOVE THIS LINE RESERVED FOR COUNTY AUDITOR'S ENDORSEMENT AND COUNTY RECORDER'S RECORDING STAMP

QUITCLAIM DEED — TRANSFER TO REVOCABLE LIVING TRUST

State of Ohio

1. GRANTOR

[GRANTOR FULL LEGAL NAME], [an unmarried 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 (the "Grantee" or "Trustee"), 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 in trust, and in any successor trustee, without the necessity of any further conveyance, with the powers and authority granted under the Trust and under the Ohio Trust Code, Ohio Rev. Code § 5801.01 et seq.

3. CONSIDERATION

This conveyance is made for estate-planning purposes only, with no change in beneficial ownership of the Property. The consideration is nominal — One and No/100 Dollars ($1.00) and other good and valuable consideration — the Grantor being the settlor and a beneficiary of the Trust during the Grantor's lifetime, who has reserved an unlimited power to revoke the Trust.

4. GRANTING CLAUSE

KNOW ALL PERSONS BY THESE PRESENTS, that the Grantor, for the consideration stated above, does hereby REMISE, RELEASE, and 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, CITY, OHIO, ZIP]

County: [____________] County, Ohio

Permanent Parcel No.: [____________]

Prior instrument reference: Recorded in [Official Records / Deed Book] Volume [____], Page [____] (or Instrument No. [____________]), Recorder of [____________] County, Ohio.

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.

5. SUBJECT TO

This conveyance is made subject to:

(a) Real property taxes and assessments for the current and subsequent years, a lien 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 or other lien of record, which the Trustee takes subject to but does not assume except as separately agreed in writing.

6. PURPOSE; HOMESTEAD / OWNER-OCCUPANCY AND TAX 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 Owner-occupancy / homestead continuity. The parties intend that the owner-occupancy credit (2.5% rollback) and the homestead exemption (Ohio Rev. Code § 323.152), where applicable, continue uninterrupted after this conveyance. Because the Grantor remains the beneficial owner and a beneficiary of the Trust, the Grantor should confirm continued eligibility with the county auditor and re-file any required application (DTE 105A / DTE 101) after re-titling. The DTE 100EX itself asks whether the grantee will occupy the property as a principal residence — answer accordingly.

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, with the title insurer before recording.

7. CONVEYANCE-FEE EXEMPTION AND GARN-ST GERMAIN RECITALS

7.1 Ohio real property conveyance fee (R.C. § 319.54(G)(3)) and county permissive transfer tax (R.C. § 322.02). Ohio imposes a state conveyance fee of $0.10 per $100 of value (R.C. § 319.54(G)(3)), and most counties impose an additional permissive transfer tax of up to $0.30 per $100 of value (R.C. § 322.02), collected by the county auditor at the time of transfer.

7.2 Exemption claimed — transfer to a trustee of a revocable trust. This transfer is EXEMPT from the conveyance fee and permissive transfer tax because it is a transfer "to a trustee of a trust, when the grantor of the trust has reserved an unlimited power to revoke the trust" — exemption (t) on form DTE 100EX, authorized by Ohio Rev. Code § 319.202 and § 319.54(G)(3). (The transaction is also one in which no money or other valuable and tangible consideration readily convertible into money is paid, and it is not a gift — DTE 100EX exemption (m).) The Grantor/grantee shall file DTE 100EX (Statement of Reason for Exemption from Real Property Conveyance Fee) with the county auditor instead of the DTE 100; do not present the deed marked "exempt" without the DTE 100EX. See Section 9.

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 Quitclaim Deed on [__/__/____].

GRANTOR:

____________________________________
[GRANTOR FULL LEGAL NAME]

____________________________________
[SPOUSE FULL LEGAL NAME], joining solely to release dower rights (if applicable)

9. NOTARY ACKNOWLEDGMENT (Ohio — R.C. § 5301.01, § 147.55)

The foregoing instrument was acknowledged before me this ____ day of ______________, 20____, by [GRANTOR FULL LEGAL NAME] [and [SPOUSE FULL LEGAL NAME]], who is/are personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who executed this instrument and acknowledged that he/she/they executed it voluntarily.

____________________________________
Notary Public
My commission expires: ______________

(Affix notarial seal)

10. RECORDING AND TAX-FORM INSTRUCTIONS

1. Step 1 — County Auditor (transfer and exemption). Present the signed, acknowledged deed to the Auditor of [____________] County, Ohio, together with form DTE 100EX claiming exemption (t) (transfer to a trustee of a revocable trust). The auditor verifies the exemption, transfers the parcel on the tax duplicate, and endorses the deed. No conveyance fee or permissive tax is collected on an accepted exempt transfer (R.C. § 319.202, § 319.54(G)(3)).
2. Step 2 — County Recorder (recording). After the auditor's endorsement, record the deed with the Recorder of [____________] County, Ohio — the county in which the Property is located (R.C. § 5301.25). Pay the recorder's per-page fee.
3. Document format. Use a 3-inch top margin on the first page for the auditor's and recorder's stamps; minimum 8-point type; the preparer's name and "prepared by" statement (R.C. § 317.111) must appear; include the permanent parcel number and prior-instrument reference.
4. Update collateral records. After recording: (a) obtain written instructions from the property/casualty insurer on how the owner, Trustee, Trust, and lender should appear on the policy; (b) confirm the owner-occupancy credit and homestead exemption with the county auditor; and (c) provide a recorded copy and a Certification of Trust (R.C. § 5810.13) to the title company.
5. Transfer-on-death alternative. Ohio also recognizes a transfer-on-death designation affidavit (R.C. § 5302.22). Funding a revocable living trust by recorded deed is the appropriate mechanism when trust administration (not merely a beneficiary designation) is desired.

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 cabinet/slide or plat book and page, or metes-and-bounds with section, township, and range. Include the permanent parcel number. Attach surveys or additional pages as needed.]

____________________________________

____________________________________

____________________________________

Sources and References

• Ohio Rev. Code § 5301.01 — deed execution; signed and acknowledged before a notary; no witnesses required (eff. 2/1/2002).
• Ohio Rev. Code § 5301.25 — recording of deeds with the county recorder of the county where the land is located.
• Ohio Rev. Code § 5302.05, § 5302.06, § 5302.11 — statutory general-warranty, warranty-covenant, and quitclaim deed forms.
• Ohio Rev. Code § 317.111 — "prepared by" statement required on recorded instruments.
• Ohio Rev. Code § 319.202, § 319.54(G)(3) — real property conveyance fee; mandatory statement of value (DTE 100) or exemption statement (DTE 100EX); auditor endorsement.
• DTE 100EX, exemption (t) — "to a trustee of a trust, when the grantor of the trust has reserved an unlimited power to revoke the trust"; (m) — no money/valuable consideration and not a gift.
• Ohio Rev. Code § 322.02 — county permissive real property transfer tax.
• Ohio Rev. Code § 323.152, DTE 105A / DTE 101 — homestead exemption and owner-occupancy (2.5%) reduction.
• Ohio Rev. Code § 2103.02 — dower; non-titled spouse should join to release dower.
• Ohio Rev. Code § 5801.01 et seq.; § 5810.13 — Ohio Trust Code; certification of trust.
• Ohio Rev. Code § 5302.22 — transfer-on-death designation affidavit (alternative non-probate mechanism).
• 12 U.S.C. § 1701j-3(d)(8) — qualifying residential inter vivos trust transfer
• Ohio Department of Taxation, Real Property Conveyance Fee forms DTE 100 / DTE 100EX (tax.ohio.gov).

This document is provided for informational purposes only and does not constitute legal advice. Obtain the county auditor's endorsement and confirm the DTE 100EX exemption before recording, and consult a licensed Ohio attorney before executing or recording this deed.