Property Transfer Guide

How to Transfer Your House to a Trust Without a Lawyer

This is the step most people skip — and it's why their trust fails. Transferring your house isn't hard, but you have to do it right. Here's exactly how.

The short answer

To transfer your house: 1) Prepare a new deed naming your trust as the owner. 2) Sign and notarize the deed. 3) Record it with your county recorder. 4) File any required state forms (like California's PCOR). Cost: typically $20-$100 in recording fees. Time: a few hours spread over a week.

Why this step is critical

A trust only protects assets that are in the trust. If your house is still titled in your personal name, it goes through probate when you die — even if you have a trust.

This is the #1 estate planning mistake. People pay for a trust, put it in a drawer, and never transfer their house. The trust becomes expensive paperwork that doesn't protect anyone.

The math is simple:

House in your name → goes through probate (6-18 months, thousands in fees)

House in your trust → transfers directly to beneficiaries (weeks, minimal cost)

Step-by-step transfer process

1

Get your current deed

You need to know exactly how your property is currently titled. Get a copy of your current deed from your county recorder's office (usually available online for a few dollars).

Look for: your name(s), legal description of property, and how title is held (sole owner, joint tenants, etc.)

2

Prepare the new deed

Create a new deed transferring ownership from you to your trust. The type of deed depends on your state:

  • • Grant deed — California, common elsewhere
  • • Warranty deed — Texas, many Eastern states
  • • Quitclaim deed — Works everywhere, simplest form

The deed transfers from: "John Smith and Jane Smith, husband and wife"
To: "John Smith and Jane Smith, Trustees of the Smith Family Trust dated [date]"

3

Sign and notarize

Sign the deed in front of a notary public. All current owners must sign. You can use an online notary service or visit a bank, UPS store, or mobile notary. Typical cost: $15-$50.

4

Record with your county

Take or mail the notarized deed to your county recorder's office. Recording makes the transfer official and public. Fees vary by county — typically $15-$75.

Many counties allow online or mail-in recording. Check your county recorder's website.

5

File required state forms

Some states require additional paperwork:

  • • California: Preliminary Change of Ownership Report (PCOR)
  • • Florida: Documentary stamp tax form
  • • Other states may have similar requirements
6

Update your insurance

Call your homeowner's insurance company and let them know the property is now held in a trust. They may want to add the trust as an additional insured. This is usually free and takes 10 minutes.

Common questions

Will this trigger property tax reassessment?

No. Transferring to your own revocable living trust doesn't trigger reassessment in any state. California's Prop 13 protection stays intact. You keep your current tax basis.

What about my mortgage?

Your mortgage continues normally. Federal law (Garn-St. Germain Act) prevents lenders from calling your loan due when you transfer to your own living trust. Just keep making payments as usual.

Do I need my lender's permission?

No, but it's good practice to notify them. Send a copy of the recorded deed and your certificate of trust. This keeps your records clean and avoids confusion later.

What if I refinance later?

Some lenders want the property in your personal name during refinancing. You transfer it out, refinance, then transfer it back into the trust. This is common and not a big deal.

Can I sell the house while it's in the trust?

Yes. As trustee, you have full authority to sell. Title companies are used to this — they'll ask for your trust document or certificate of trust, but it's a routine transaction.

Mistakes to avoid

Wrong legal description

Copy the legal description exactly from your current deed. Even small errors can cause problems.

Missing signatures

All current owners must sign the new deed. If you own jointly with a spouse, both must sign.

Not recording the deed

A deed isn't effective until recorded. Don't just sign it and put it in a drawer.

Wrong trust name

The trust name on the deed must match your trust document exactly, including the date.

Let us handle the deed

Mantle generates your property transfer deed automatically. We walk you through recording it, step by step. No guessing, no mistakes.

Get Started Free →

Trust + deed included. $995 complete.