Winchester, CA asked in Estate Planning and Real Estate Law for California

Q: my wife and i created a trust, and I'm doing a trust transfer deed for our home and it is asking me for the code# or

ordinance # so there is no transfer tax due, can you help

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

A: Not sure what you are looking at. There will be no transfer tax due for a transfer in or out of a trust for your own benefit. You need the deed to state that it is a transfer per Tax and Rev Code 11930 so that the clerk know no tax is due. You will also need a PCOR form from the clerk which is where you also tell the clerk it is just a transfer to a trust. Some counties require a transfer tax affidavit so check the clerk's website; said affidavit just says no transfer tax is due.

Howard E. Kane
PREMIUM
Howard E. Kane
Answered
  • Oakland, CA
  • Licensed in California

A: The transfer tax exemptions are contained in Revenue and Taxation Code sections 11911-11930. Section 11930 exempts transfers into trusts. This needs to be written into the Trust Transfer Deed, normally towards the top. I recommend that you have an attorney handle this.

Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: You'll need a fee exemption code IF the property is your primary residence. If it is not your primary residence, there is no exemption code and your recording fee will increase by $75. [Side note: All of the $75 fees were supposed to go into a fund to provide housing for California's homeless people, but I haven't seen what the government actually did with all that money... Nevertheless, everyone has to pay that extra fee if recording a deed that is not related to the person's primary residence.] If the property is your primary residence, the exemption code would be: Section 27388.1(a)(2)(B) - Transfer of real property that is a residential dwelling to an owner-occupier. The other code has been given by the other lawyers who answered this question. Just know that the County Recorders are incredibly picky about format, language required in deeds, and other things. If your document does not meet ALL of the government's requirements, the document will be rejected. If that happens, you may need to hire a lawyer to ensure it is done properly. Sorry about that. Some of it is counter-intuitive, so don't be upset if it is rejected. It happens sometimes when people aren't trained on preparing deeds. But I wish you all the best and hope it works out for you!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.