Deed Transferring Real Property into Living Trust

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

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

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

Tax Parcel / UPI No.: [____________]

SPACE ABOVE THIS LINE RESERVED FOR THE RECORDER OF DEEDS

DEED — TRANSFER TO REVOCABLE LIVING TRUST

Commonwealth of Pennsylvania

1. GRANTOR

[GRANTOR FULL LEGAL NAME], [an unmarried person / a married person / husband and wife], of [____________] County, Pennsylvania, 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 Pennsylvania Uniform Trust Act, 20 Pa.C.S. § 7701 et seq. The Trust is a living trust within the meaning of 61 Pa. Code § 91.101, and the Grantor is its settlor.

3. CONSIDERATION

This conveyance is made for estate-planning purposes only, with no change in beneficial ownership of the Property. No or nominal actual consideration is paid — nominal consideration of One Dollar ($1.00) — the Grantor being the settlor of the living Trust and a beneficiary of the Trust during the Grantor's lifetime.

4. GRANTING CLAUSE

KNOW ALL PERSONS BY THESE PRESENTS, that the Grantor, for the consideration stated above, does hereby GRANT 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, PENNSYLVANIA, ZIP]

County: [____________] County, Pennsylvania

Tax Parcel / UPI No.: [____________]

Being the same premises which were conveyed to the Grantor by deed dated [__/__/____] and recorded in the Office of the Recorder of Deeds of [____________] County in [Deed Book / Record Book] Volume [____], Page [____] (or Instrument No. [____________]).

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

TOGETHER WITH all and singular the buildings, improvements, ways, waters, watercourses, rights, liberties, privileges, hereditaments, and appurtenances belonging thereto.

TO HAVE AND TO HOLD the Property unto the Grantee, as Trustee, and the Grantee's successors in trust and assigns forever.

AND the Grantor, for the Grantor and the Grantor's heirs and personal representatives, does SPECIALLY WARRANT the Property unto the Grantee against the lawful claims of all persons claiming by, through, or under the Grantor, but not otherwise.

5. SUBJECT TO

This conveyance is made subject to:

(a) Real estate 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, 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 / 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 Homestead / Homestead-Farmstead exclusion. The parties intend that any Homestead/Farmstead exclusion (53 Pa.C.S. § 8581 et seq.; Taxpayer Relief Act) and any other assessment relief applicable to the Property 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 assessment office and re-file any required application after re-titling.

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. REALTY TRANSFER TAX EXCLUSION AND GARN-ST GERMAIN RECITALS

7.1 Pennsylvania realty transfer tax (72 P.S. § 8101-C et seq.). Pennsylvania imposes a 1% state realty transfer tax on the value of real estate represented by a recorded document. Local taxing authorities (municipality and school district) commonly impose an additional 1% (so a combined 2% is typical), and certain cities impose more (e.g., Philadelphia and Pittsburgh combined rates substantially exceed 2%). Local exclusions track the state exclusions (72 P.S. § 8101-D / Article XI-D).

7.2 Exclusion claimed — transfer to a trustee of a living trust by the settlor. This transfer is EXCLUDED from realty transfer tax under 61 Pa. Code § 91.193(b) and § 91.156 ("Transfers to living trusts"), which provide that "a transfer for no or nominal actual consideration to a trustee of a living trust from the settlor of the living trust is excluded from tax." The Grantor is the settlor of the living Trust, the consideration is nominal, and the Grantor remains the beneficiary during the Grantor's lifetime; accordingly, no state or local realty transfer tax is due on this conveyance.

TECHNICAL CAUTION. The exclusion applies only to a true living trust funded by its settlor for no or nominal consideration. A transfer to an ordinary trust, a transfer whose remainder beneficiaries would be taxable on a direct transfer (61 Pa. Code § 91.156(a)), or any transfer for actual consideration is fully taxable. Likewise, a later transfer from the trustee after the settlor's death is taxable unless it goes to the vested-remainder beneficiary for no/nominal consideration (§ 91.156). Confirm qualification with counsel before recording.

7.3 Statement of Value (Form REV-183) and trust agreement. A completed Realty Transfer Tax Statement of Value (Form REV-183) must accompany this deed at recording (61 Pa. Code § 91.112), stating the basis for the exclusion (transfer to a trustee of a living trust by the settlor; § 91.193(b) / § 91.156). The Recorder of Deeds must be presented with a copy of the trust agreement to grant the exclusion (61 Pa. Code § 91.156, "Requirement for exemption"). See Section 10.

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.

8. EXECUTION

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

GRANTOR:

____________________________________
[GRANTOR FULL LEGAL NAME]

____________________________________
[SPOUSE FULL LEGAL NAME] (required if the Property is held by the entireties or by both spouses)

9. NOTARY ACKNOWLEDGMENT (Pennsylvania — 57 Pa.C.S. § 316)

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.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

____________________________________
Notary Public
My commission expires: ______________

(Affix notarial seal)

CERTIFICATE OF RESIDENCE

I hereby certify that the precise residence and complete mailing address of the Grantee (Trustee) is:

[____________________________________]
[____________________________________]

____________________________________
On behalf of the Grantee

10. RECORDING AND TAX-FORM INSTRUCTIONS

1. Where to record. Record the original, signed, and acknowledged deed in the Office of the Recorder of Deeds of [____________] County, Pennsylvania — the county in which the Property is located (21 P.S. § 351).
2. Statement of Value (Form REV-183). Attach a completed REV-183 stating the realty-transfer-tax exclusion (transfer to a trustee of a living trust by the settlor; § 91.193(b) / § 91.156). Even when no tax is due, the REV-183 documents the basis for the exclusion.
3. Trust agreement. Present a copy of the trust agreement to the Recorder of Deeds; the exclusion will not be granted without it (61 Pa. Code § 91.156).
4. Certificate of Residence. Include the grantee's Certificate of Residence if required by the county (21 P.S. § 11).
5. Recording fees. Pay the Recorder's recording fee and any county/state surcharges; no state or local realty transfer tax is due on a qualifying exclusion.
6. Update collateral records. After recording: (a) notify the property/casualty insurer and add the Trustee as a named insured; (b) confirm the Homestead/Farmstead exclusion with the county assessment office; and (c) provide a recorded copy and a Certification of Trust (20 Pa.C.S. § 7790.3) to the title company.
7. No statutory TOD deed. Pennsylvania has not adopted a statutory transfer-on-death (beneficiary) deed for real property; funding a revocable living trust by recorded deed is the appropriate non-probate mechanism in Pennsylvania.

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/block with subdivision plan book and page; include the tax parcel / UPI number and the "being the same premises" prior-deed reference. Attach surveys or additional pages as needed.]

____________________________________

____________________________________

____________________________________

Sources and References

• 21 P.S. § 1 et seq., § 42 — form, execution, and acknowledgment of deeds.
• 21 P.S. § 351 — recording with the Recorder of Deeds; constructive notice.
• 21 P.S. § 11 — Certificate of Residence of the grantee.
• 57 Pa.C.S. § 301 et seq., § 316 — Revised Uniform Law on Notarial Acts; short-form acknowledgment.
• 72 P.S. § 8101-C et seq. — Pennsylvania Realty Transfer Tax (1% state); § 8102-C.3 (excluded transactions); § 8101-D / Article XI-D (local realty transfer tax).
• 61 Pa. Code § 91.156 (Trusts) — transfers to living trusts: a transfer for no or nominal actual consideration to a trustee of a living trust from the settlor is excluded; requirement to present a copy of the trust agreement.
• 61 Pa. Code § 91.193(b) — excluded transactions (cross-referencing § 91.156).
• 61 Pa. Code § 91.112; Form REV-183 — Realty Transfer Tax Statement of Value required when an exclusion is claimed.
• 53 Pa.C.S. § 8581 et seq. — Homestead/Farmstead exclusion (Taxpayer Relief Act).
• 20 Pa.C.S. § 7701 et seq.; § 7790.3 — Pennsylvania Uniform Trust Act; 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.
• Pennsylvania Department of Revenue, Realty Transfer Tax and Form REV-183 (revenue.pa.gov).

This document is provided for informational purposes only and does not constitute legal advice. File the REV-183 with a copy of the trust agreement, confirm the living-trust exclusion qualifies, and consult a licensed Pennsylvania attorney before executing or recording this deed.