Property Transfer Guide

How to Put Your House in a Trust

Your house is probably your biggest asset — and the main reason to create a trust. Here's how to transfer it properly so your family avoids probate.

The short answer

To put your house in a trust: 1) Create a revocable living trust. 2) Prepare a new deed transferring the home from yourself to your trust. 3) Sign and notarize the deed. 4) Record it with your county. You still own the home, live in it, and can sell it anytime. Nothing changes day-to-day.

Why put your house in a trust?

When you die owning real estate in your name, that property goes through probate. Your family waits 6-18 months, pays thousands in fees, and deals with court hearings — just to inherit the house.

When your house is in a trust, it transfers directly to your beneficiaries. No court, no delays, no public record. Your family can keep it, sell it, or do whatever they need — immediately.

The math on a $600,000 home:

Without trust (probate)

$18,000-$48,000 in fees

6-18 months delay

With trust

$0 in probate fees

Transfer in weeks

How to transfer your house to a trust

1

Create your living trust

Before you can transfer your house, you need a trust to transfer it into. Use an online service or attorney to create a revocable living trust. Name yourself as trustee (you stay in control) and choose a successor trustee to take over when you die.

2

Prepare a new deed

You need a deed that transfers ownership from yourself to your trust. The exact type depends on your state:

  • • Grant deed — Most common in California
  • • Warranty deed — Common in Texas and other states
  • • Quitclaim deed — Simpler, works in most states

The deed transfers from "John Smith" to "John Smith, Trustee of the John Smith Living Trust dated [date]."

3

Sign and notarize

Sign the deed in front of a notary public. This is required for real estate transfers. You can use an online notary service or visit a bank, UPS store, or mobile notary.

4

Record with your county

File the deed with your county recorder's office. This makes the transfer official and public. Costs vary by county — typically $15-$100.

Some states require additional forms. California, for example, requires a Preliminary Change of Ownership Report (PCOR).

5

Notify your mortgage company

If you have a mortgage, let your lender know about the transfer. Don't worry — federal law (the Garn-St. Germain Act) prevents them from calling your loan due when you transfer to your own trust. Your mortgage stays exactly the same.

6

Update your homeowner's insurance

Call your insurance company and let them know the property is now held in a trust. Some insurers want the trust listed as an additional insured. This is a quick call and usually free.

Common questions

Do I still own the house?

Yes. You're the trustee of your own trust, so you maintain complete control. You can sell it, refinance it, or do anything else you could do before. The only difference is the legal title — it's now in the trust's name instead of yours personally.

Will my property taxes go up?

No. Transferring to your own revocable living trust doesn't trigger reassessment. In California, this is protected by Proposition 13. Other states have similar protections.

What if I have a mortgage?

Your mortgage continues as normal. Federal law prevents lenders from accelerating your loan when you transfer to your own trust. You keep making the same payments on the same terms.

Can I sell the house later?

Yes. As trustee, you have full authority to sell. Some title companies ask to see your trust document or a certificate of trust, but the process is essentially the same as selling property you own outright.

What about the homestead exemption?

In most states, you keep your homestead exemption when you transfer to a trust. Check your state's rules to confirm, but this is rarely an issue.

What happens if you skip this step?

This is the #1 estate planning mistake. People create a trust but never transfer their house into it. The trust sits there, technically valid, but the house is still in their personal name.

When they die, the house goes through probate anyway — defeating the entire purpose. The trust becomes expensive paperwork that didn't protect anyone.

The trust only works if you fund it. Creating the document is step one. Transferring your house is step two. Don't skip it.

We handle the hard part

Mantle creates your trust and generates the deed to transfer your home. We walk you through recording it with your county. No guesswork, no mistakes, no expensive attorney.

Get Started Free →

Trust + deed + notarization included. $995 total.