Deed Transferring Real Property into Living Trust - Utah

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

When recorded, mail to:
[____________________________________]
[____________________________________]
[____________________________________]

GRANTEE'S NAME AND MAILING ADDRESS (required — Utah Code § 57-3-105):
[GRANTEE / TRUSTEE NAME]
[____________________________________]
[____________________________________]

Mail subsequent tax notices to:
[____________________________________]
[____________________________________]

Tax Serial / Parcel No.: [____________]

SPACE ABOVE THIS LINE RESERVED FOR COUNTY RECORDER RECORDING STAMP

WARRANTY DEED — TRANSFER TO REVOCABLE LIVING TRUST

State of Utah

1. GRANTOR

[GRANTOR FULL LEGAL NAME], [a single person / a married person / [GRANTOR FULL LEGAL NAME] and [SPOUSE FULL LEGAL NAME], husband and wife / as joint tenants / as tenants in common], whose place of residence (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, "Grantee" or the "Trustee"), whose mailing address is [____________________________________] (the grantee name and address required by Utah Code § 57-3-105).

The Property is conveyed to the Trustee to hold, manage, and distribute 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, subject to the powers and authority granted to the Trustee under the Trust and under the Utah Uniform Trust Code, Utah Code § 75B-2-101 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 — the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are acknowledged — the Grantor being the settlor and a beneficiary of the Trust during the Grantor's lifetime. No sale, purchase, or exchange has occurred.

4. GRANTING CLAUSE

[GRANTOR FULL LEGAL NAME], Grantor, of [CITY, COUNTY, UTAH], hereby CONVEYS AND WARRANTS to [GRANTOR FULL LEGAL NAME], as Trustee of the [TRUST NAME] dated [__/__/____], and the Trustee's successors in trust and assigns, Grantee, of [CITY, COUNTY, UTAH], for the consideration stated above, the following described tract of land in [____________] County, Utah, to wit (the "Property"):

Property commonly known as: [STREET ADDRESS, CITY, UTAH, ZIP]

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

together with all rights, privileges, and appurtenances belonging to the Property, including any water rights described in the Water Rights Addendum, TO HAVE AND TO HOLD 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) General property taxes and assessments for the current and subsequent years, not yet due and payable;
(b) Easements, covenants, conditions, restrictions, reservations, mineral and water interests, and rights-of-way of record;
(c) Applicable zoning, subdivision, building, land-use, and environmental laws and regulations; and
(d) Any trust deed, mortgage, or other lien of record, which the Trustee takes subject to but does not assume except as separately agreed in writing.

6. PURPOSE; TAX AND TITLE-INSURANCE CONTINUITY

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 and may be managed during any incapacity of the Grantor. 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 Primary-residence valuation continuity. The parties intend that any residential exemption / primary-residence valuation (Utah Code § 59-2-103) applicable to the Property continue uninterrupted following this conveyance. Because the Grantor remains the beneficial owner and a beneficiary of the Trust, the Grantor should confirm with the county Assessor that the residential property-tax treatment is preserved after re-titling, and re-file any required declaration.

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. NO TRANSFER TAX; GARN-ST GERMAIN (DUE-ON-SALE) RECITAL

7.1 No Utah transfer tax. Utah does not impose a state real-estate transfer tax, documentary-stamp tax, or deed tax on this conveyance. The only governmental charge for recording is the county recorder fee. No transfer-tax exemption form is required.

7.2 No due-on-sale acceleration (Garn-St Germain Act). If the Property is encumbered by a trust deed or mortgage containing a due-on-sale clause, 12 U.S.C. § 1701j-3(d)(8) bars a lender from exercising that 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," for the residential property described in subsection (d). If every federal condition is met, the lender may not accelerate solely because of this transfer; the transfer does not otherwise modify the loan, and the Grantor remains personally liable on any existing note.

8. EXECUTION

WITNESS the hand of the Grantor this [__/__/____].

GRANTOR:

____________________________________
[GRANTOR FULL LEGAL NAME]

____________________________________
[SPOUSE FULL LEGAL NAME], joining solely to release any homestead and marital interest in the Property (if applicable)

9. NOTARY ACKNOWLEDGMENT (Utah)

STATE OF UTAH )
) ss.
COUNTY OF [____________] )

On this ____ day of ______________, 20____, before me personally appeared [GRANTOR FULL LEGAL NAME] [and [SPOUSE FULL LEGAL NAME]], proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he/she/they executed the same.

____________________________________
Notary Public, State of Utah
Printed name: ______________________
Residing at: ______________________
My commission expires: ______________

(Affix notarial seal)

10. RECORDING, WATER-RIGHTS, AND TAX-FORM INSTRUCTIONS

1. Where to record. Record the original, signed, and acknowledged deed in the office of the County Recorder of [____________] County, Utah — the county in which the Property is located (Utah Code §§ 57-3-101, 57-3-102).
2. Grantee name and address (Utah Code § 57-3-105). The deed must contain the grantee's name and mailing address (the Trustee). Confirm the grantee block is completed (see header and Section 2).
3. Water Rights Addendum (Utah Code § 57-3-109) — MANDATORY. Utah requires a completed Water Rights Addendum to accompany a deed conveying land, whether or not water rights are being transferred. Attach the addendum and indicate whether water rights are included, excluded, or none exist.
4. Document format (Utah Code § 57-3-106). Use legible printing on white paper, include the legal description and the preparer/return-address and tax-notice blocks, leave the recorder's margin clear, and ensure proper notarial acknowledgment.
5. No transfer tax. Utah imposes no transfer/stamp tax; pay only the county recorder fee (commonly a flat fee per instrument). No state tax form accompanies the deed.
6. 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 residential/primary-residence valuation with the county Assessor; (c) provide a recorded copy and a Certification of Trust (Utah Code § 75B-2-1013) 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/subdivision with the recorded plat reference and county, or government survey. Include the tax serial/parcel number. Attach surveys, the Water Rights Addendum, or additional pages as needed.]

____________________________________

____________________________________

____________________________________

Sources and References

• Utah Code § 57-1-12 — form and effect of a warranty deed (fee-simple conveyance with statutory covenants).
• Utah Code § 57-1-13 — form and effect of a quitclaim deed (conveys grantor's present interest without warranty).
• Utah Code §§ 57-3-101, 57-3-102 — recording of instruments affecting real property; constructive notice.
• Utah Code § 57-3-105 — grantee's name and mailing address required to record.
• Utah Code § 57-3-106 — document format and certificate requirements.
• Utah Code § 57-3-109 — mandatory Water Rights Addendum with a deed to land.
• Utah Code § 46-1-16 — notarial acknowledgment (Utah Notaries Public Act).
• Utah Code § 59-2-103 — residential property valuation / primary-residence treatment.
• Utah Code § 75B-2-101 et seq. — Utah Uniform Trust Code; § 75B-2-1013 (certification of trust).
• 12 U.S.C. § 1701j-3(d)(8) — limited due-on-sale protection when every residential-property, continuing-beneficiary, and occupancy-right condition is met.
• Utah does not impose a state real-estate transfer tax; recording fees are set by the county recorder.

This document is provided for informational purposes only and does not constitute legal advice. Confirm the Water Rights Addendum requirement and consult a licensed Utah attorney before executing or recording this deed.