Van Nuys, CA asked in Estate Planning for California

Q: does revocable trust need to be witness in California

and yes i'm aware it needs to be notarized but does it have to be also witnessed, what is the best way to transfer real estate ( house) into trust, via quick claim or is there simpler solution

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2 Lawyer Answers
Jeffrey Louis Gaffney
Jeffrey Louis Gaffney
PREMIUM
Answered
  • Estate Planning Lawyer
  • Carlsbad, CA
  • Licensed in California

A: Witnessing is not enough! A Trust needs to be notarized. Spend the $15.

You have to go to the notary anyway to change the deed.

To put something into your Trust, you need a writing of some sort. For real estate, I would never count on anything less than a Deed, registered with the County Clerk. A Quit Claim or a Grant Deed will do the trick. Deeds need to be notarized.

1 user found this answer helpful

Greg Freeze
Greg Freeze
Answered
  • Estate Planning Lawyer
  • Port Townsend, WA
  • Licensed in California

A: A trust does not need to be witnessed to be official. The witness requirement applies to wills and healthcare powers.

A quitclaim deed is fine. There is nothing easier. More problematic is the Preliminary Change in Ownership Report (PCOR). This document is required to file the deed in the county where the property resides. The PCOR, when filled out correctly, alerts the property tax folks that there is not a taxable event.

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