Deed Transferring Real Property into Living Trust - Rhode Island

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

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

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

Tax Assessor's Plat / Lot No.: Plat [____] / Lot [____]

City/Town of: [____________], Rhode Island

SPACE ABOVE THIS LINE RESERVED FOR THE RECORDER'S STAMP

QUITCLAIM DEED — TRANSFER TO REVOCABLE LIVING TRUST

State of Rhode Island

1. GRANTOR

[GRANTOR FULL LEGAL NAME], [an unmarried person / a married person / husband and wife / wife and husband], of the [City/Town] of [____________], County of [____________], State of Rhode Island, whose mailing address is [____________________________________] ("Grantor").

2. GRANTEE / VESTING IN TRUSTEE

[TRUSTEE FULL LEGAL NAME], as Trustee of the [TRUST NAME] dated [__/__/____] (the "Trustee"), whose mailing address is [____________________________________] ("Grantee").

The Property is conveyed to the Trustee in trust under R.I. Gen. Laws § 34-4-27, to be held, administered, and distributed according to the terms of the [TRUST NAME] dated [__/__/____] (the "Trust").

3. CONSIDERATION

This conveyance is made to fund the Trust. The actual consideration paid is [NONE / DESCRIBE ACTUAL CONSIDERATION]. The Grantor's interest in the Trust is [DESCRIBE GRANTOR'S BENEFICIAL INTEREST].

Tax recital — retain only after confirming that no taxable consideration, including the value of any remaining lien or encumbrance, applies: The consideration is such that no documentary stamps are required. R.I. Gen. Laws § 44-25-1(c).

4. GRANTING CLAUSE

KNOW ALL PERSONS BY THESE PRESENTS, that the Grantor, for the consideration stated above, does hereby GIVE, GRANT, BARGAIN, SELL, and CONVEY with QUITCLAIM COVENANTS 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/TOWN, RHODE ISLAND, ZIP]

City/Town: [____________], Rhode Island

Tax Assessor's Plat / Lot: Plat [____] / Lot [____]

Title reference: Being the same premises conveyed to the Grantor by deed dated [__/__/____] and recorded in the Land Evidence Records of the [City/Town] of [____________] in Book [____] at Page [____].

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

TO HAVE AND TO HOLD the Property, together with all the buildings, improvements, privileges, 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 estate taxes and assessments of the [City/Town] of [____________] for the current and subsequent fiscal 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; HOMESTEAD AND TAX-EXEMPTION CONTINUITY; TITLE INSURANCE

6.1 Estate-planning purpose. This conveyance funds the Grantor's revocable living trust. Any power to amend or revoke the Trust or direct a reconveyance is governed by the Trust instrument.

6.2 Tax classification and exemptions. Before recording, the Grantor should confirm with the [City/Town] Tax Assessor whether re-titling affects any owner-occupancy classification or other exemption and whether a new claim is required.

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. TRANSFER TAX EXEMPTION AND GARN-ST GERMAIN RECITALS

7.1 Rhode Island Real Estate Conveyance Tax (R.I. Gen. Laws § 44-25-1). The tax applies when taxable consideration exceeds $100, and subsection (a) includes the value of any lien or encumbrance remaining at transfer. Confirm whether this transaction has a taxable base even if no cash is paid. Use the subsection (c) no-documentary-stamps recital in Section 3 only when its premise is correct.

NOTE. Section 34-11-1.4 addresses deeds presented due to a sale; this trust-funding deed should state the actual consideration, without inventing a nominal sale price. Confirm any local form and tax payment requirements with the city or town clerk before recording.

7.2 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 OR CO-OWNER FULL LEGAL NAME], joining as [STATE CAPACITY AND INTEREST, IF APPLICABLE]

9. NOTARY ACKNOWLEDGMENT (Rhode Island — R.I. Gen. Laws § 34-12-2)

In the [City/Town] of [____________], on this ____ day of ______________, 20____, before me, the undersigned notary public, personally appeared [GRANTOR FULL LEGAL NAME] [and [SPOUSE FULL LEGAL NAME]], proved to me through satisfactory evidence of identification, which was [____________________________________], to be the person(s) whose name(s) is/are signed on the foregoing instrument, and who acknowledged to me that he/she/they executed the same voluntarily for the purposes therein contained.

____________________________________
Notary Public
Print name: ______________________
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 Land Evidence Records of the [City/Town] of [____________], Rhode Island — the municipality in which the Property is located, with the city/town clerk or recorder of deeds (R.I. Gen. Laws § 34-13-1). Rhode Island records by municipality, not by county.
2. Consideration. State the actual consideration paid. Section 34-11-1.4's sale-price requirement applies when a deed is presented due to a sale; do not insert "$1.00" unless it was actually paid.
3. Real estate conveyance tax (§ 44-25-1). Determine whether a remaining lien or encumbrance affects the tax base. Keep the § 44-25-1(c) recital only if no documentary stamps are required; otherwise arrange any tax payment and applicable municipal filing.
4. Recording fees. Section 34-13-7 sets an $80 quitclaim deed recording fee and $1 for each additional page or fraction. Confirm the payable amount with the municipal recorder. Its document-preservation provision allocates 10% of those fees; it does not impose a separate surcharge.
5. 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-occupied tax classification and exemptions with the [City/Town] Tax Assessor; (c) provide a recorded copy and an Affidavit or Memorandum of Trust (R.I. Gen. Laws § 34-4-27) 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/plat description by Assessor's Plat and Lot with reference to a recorded plat. Include the title reference (Book/Page in the Land Evidence Records). Attach surveys or additional pages as needed.]

____________________________________

____________________________________

____________________________________

Sources and References

• R.I. Gen. Laws § 34-11-1 — writing, acknowledgment, delivery, and recording of land conveyances.
• R.I. Gen. Laws § 34-11-1.4 — actual sale price on a deed presented for recording due to a sale.
• R.I. Gen. Laws § 34-12-2 — officers authorized to take acknowledgments.
• R.I. Gen. Laws § 34-13-1 — recording by the town clerk or recorder of deeds.
• R.I. Gen. Laws § 34-13-7 — deed recording fee, additional-page fee, and preservation allocation.
• R.I. Gen. Laws § 34-11-17 and § 34-11-18 — quitclaim deed and covenants.
• R.I. Gen. Laws § 44-25-1 — conveyance tax and no-documentary-stamps statement when applicable.
• R.I. Gen. Laws § 34-4-27 — title to trust realty; affidavit or memorandum of trust.
• 12 U.S.C. § 1701j-3(d)(8) — qualifying residential inter vivos trust transfer
• Rhode Island Division of Taxation — Real Estate Conveyance Tax (tax.ri.gov/tax-sections/sales-excise-taxes/real-estate-conveyance-tax).

This document is provided for informational purposes only and does not constitute legal advice. Confirm the conveyance-tax treatment and recording requirements with the city or town clerk and consult a licensed Rhode Island attorney before executing or recording this deed.