Deed Transferring Real Property into Living Trust - Tennessee

This instrument was prepared by:
[NAME], [ADDRESS], [PHONE / EMAIL]

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

Send subsequent property-tax bills to: (Tenn. Code Ann. § 66-24-115)
[GRANTEE/TRUSTEE NAME]
[____________________________________]
[____________________________________]

Tax Map / Parcel ID: [____________]

County: [____________] County, Tennessee

SPACE ABOVE THIS LINE RESERVED FOR THE REGISTER OF DEEDS

QUITCLAIM DEED — TRANSFER TO REVOCABLE LIVING TRUST

State of Tennessee

1. GRANTOR

[GRANTOR FULL LEGAL NAME], [an unmarried person / a married person / husband and wife], of [____________] County, Tennessee, 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 "Trustee"), whose mailing address is [____________________________________] ("Grantee").

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, in accordance with the powers granted to the Trustee under the Trust and under the Tennessee Uniform Trust Code, Tenn. Code Ann. § 35-15-101 et seq.

3. CONSIDERATION

This conveyance is made for estate-planning purposes only, with no change in beneficial ownership of the Property. No consideration is given for this transfer — it is a transfer by the Grantor, as settlor, of real estate to the Grantor's own revocable living trust, of which the Grantor is a beneficiary during the Grantor's lifetime.

4. GRANTING CLAUSE

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

County: [____________] County, Tennessee

Tax Map / Parcel ID: [____________]

Derivation / title reference: Being the same property conveyed to the Grantor by deed dated [__/__/____] of record in Book/Instrument No. [____________] at Page [____], Register's Office for [____________] County, Tennessee.

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) Ad valorem 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, subdivision, building, land-use, and environmental laws and regulations; and
(d) Any 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/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 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 Tax-relief / exemption continuity. The parties intend that any property-tax relief, tax freeze, or exemption applicable to the Property (e.g., the property-tax relief and tax-freeze programs administered under Tenn. Code Ann. title 67, chapter 5) continue uninterrupted following this conveyance. Because the Grantor remains the beneficial owner and a beneficiary of the Trust, the Grantor should confirm eligibility continuity with the County Trustee / Assessor of Property after re-titling, and re-file any required application.

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 Tennessee realty transfer (recordation) tax (Tenn. Code Ann. § 67-4-409). Tennessee imposes, for the privilege of recording, a realty transfer tax of $0.37 per $100 of the greater of the consideration for the transfer or the value of the property, collected by the Register of Deeds.

EXEMPTION — Tenn. Code Ann. § 67-4-409(a)(1)(C)(vi). No transfer tax is levied on transfers that "are transfers by a transferor of real estate to a revocable living trust created by the same transferor or by a spouse of the transferor, or transfers by the trustee of a revocable living trust back to the same transferor or to the transferor's spouse." This conveyance into the Grantor's own revocable living trust is exempt from the realty transfer tax.

No oath of value required. Under Tenn. Code Ann. § 67-4-409(a)(5), no oath of value is required in any transaction that is exempt from the tax. Accordingly, the sworn statement of value that would otherwise be required for a non-exempt transfer is not required here; instead, the deed recites the basis for the exemption (this Section 7.1) and, if the Register of Deeds requests, the optional exemption statement in Section 10 may be completed.

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 FULL LEGAL NAME], joining solely to convey and release any marital or homestead interest (if applicable)

9. NOTARY ACKNOWLEDGMENT (Tennessee — Tenn. Code Ann. § 66-22-101 et seq.)

Personally appeared before me, the undersigned, a Notary Public in and for said County and State, [GRANTOR FULL LEGAL NAME] [and [SPOUSE FULL LEGAL NAME]], the within-named bargainor(s), with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who acknowledged that he/she/they executed the within instrument for the purposes therein contained.

WITNESS my hand and official seal this ____ day of ______________, 20____.

____________________________________
Notary Public
My commission expires: ______________

(Affix notarial seal)

10. STATEMENT OF EXEMPTION (Optional — Tenn. Code Ann. § 67-4-409(a)(5))

This transfer is exempt from the realty transfer tax under Tenn. Code Ann. § 67-4-409(a)(1)(C)(vi) as a transfer by the transferor of real estate to a revocable living trust created by the same transferor. No oath of value is required pursuant to Tenn. Code Ann. § 67-4-409(a)(5).

____________________________________
Affiant (Grantor or preparer)

11. RECORDING AND TAX-FORM INSTRUCTIONS

1. Where to record. Record ("register") the original, signed, and acknowledged deed in the Register's Office for [____________] County, Tennessee — the county in which the Property is located (Tenn. Code Ann. § 66-24-101 et seq.).
2. Preparer / tax-bill statement (§ 66-24-115). Confirm the deed bears the preparer's statement and the address to which property-tax bills are to be sent (see recording header).
3. Transfer tax (§ 67-4-409). No realty transfer tax is due for this exempt trust transfer (§ 67-4-409(a)(1)(C)(vi)); and no oath of value is required (§ 67-4-409(a)(5)). Confirm the exemption with the Register of Deeds; complete the optional exemption statement (Section 10) only if requested.
4. Recording fees. Pay the per-page registration fee and the computer/data-processing fee charged by the county. (Note: the indebtedness tax does not apply, as no debt is secured by this deed.)
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 any property-tax relief/freeze eligibility with the County Trustee / Assessor; (c) provide a recorded copy and a Certification of Trust (Tenn. Code Ann. § 35-15-1013) 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/block with reference to a recorded plat (plat book/page), or other description. Include the Tax Map/Parcel ID and the derivation (Book/Instrument No. and Page). Attach surveys or additional pages as needed.]

____________________________________

____________________________________

____________________________________

Sources and References

• Tenn. Code Ann. § 66-5-103 — statutory forms and covenants for warranty and quitclaim deeds.
• Tenn. Code Ann. § 66-22-101 et seq. — acknowledgment of instruments before a notary or other authorized officer.
• Tenn. Code Ann. § 66-24-101 et seq. — registration/recording of instruments with the Register of Deeds; constructive notice.
• Tenn. Code Ann. § 66-24-115 — preparer's statement and address for property-tax bills required on the instrument.
• Tenn. Code Ann. § 67-4-409 — recordation tax; realty transfer tax ($0.37 per $100 of the greater of consideration or value).
• Tenn. Code Ann. § 67-4-409(a)(1)(C)(vi) — EXEMPTION for a transfer by a transferor of real estate to a revocable living trust created by the same transferor or the transferor's spouse (and reconveyances back).
• Tenn. Code Ann. § 67-4-409(a)(5) — no oath of value required in any transaction exempt from the tax; § 67-4-409(a)(6)(A) — sworn oath of value for non-exempt transfers.
• Tenn. Code Ann. § 35-15-101 et seq. — Tennessee Uniform Trust Code; § 35-15-1013 (certification of trust).
• 12 U.S.C. § 1701j-3(d)(8) — qualifying residential inter vivos trust transfer
• Tennessee Department of Revenue — Realty Transfer & Recordation Tax Manual (tn.gov/revenue).

This document is provided for informational purposes only and does not constitute legal advice. Confirm the realty-transfer-tax exemption with the Register of Deeds and consult a licensed Tennessee attorney before executing or recording this deed.