San Jose, CA asked in Estate Planning, Family Law and Real Estate Law for California

Q: What is the best/safest kind of deed to use to transfer a primary residence to a revocable living trust?

Three of us joint tenants in California would like to put our home in the family living trust.

We plan on keeping our home in our family for generations to come.

Do you recommend one deed over another: grant, warranty, quitclaim, etc.?

Can any of the deeds cause issues for the trust beneficiaries if and when they choose to sell the home?

Thank you

4 Lawyer Answers
Anthony M. Avery
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A: Make sure the grantee is the exact named trustee of the exact named trust, with any amendments thereto also stated. Do not convey to the trust, as trustee has legal ownership of corpus for the trust.

A: Two quick points. First, each person needs his/her/their own trust. Person A should not put their asset into Person B's trust. Person B should put their share of the property into Person B's own trust. Second, if you don't prepare the documents EXACTLY as required by law and county local rules, the County Recorder will reject them. It is the one government agency that literally checks every comma. So, if your document gets rejected, don't be shocked. It wouldn't be the first time that happens! But, you will likely need to re-write it to correct the error in most cases. Just an FYI. Recorders are VERY picky. Best wishes!!

A: To transfer title to property to a living trust, you use a "Grant Deed". The Grant Deed should note that the "conveyance transfers an interest into a Living Trust R&T 11930"

James L. Arrasmith
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A: For transferring your California primary residence into a revocable living trust, a grant deed is typically the most appropriate and secure choice, particularly when dealing with joint tenancy property.

The grant deed offers important advantages - it contains implied warranties that protect the grantee (your trust) by confirming that you haven't previously sold or encumbered the property, while avoiding the broader warranties found in warranty deeds that could create unnecessary complexity. While quitclaim deeds can work, they provide fewer protections and might raise questions from title companies or future buyers since they don't guarantee clear title.

Your future beneficiaries should face no issues selling the property with a grant deed transfer, as it maintains clean chain of title documentation and is widely accepted in California real estate transactions. However, before proceeding with any deed transfer, consider consulting with an estate planning attorney to ensure the transfer aligns with your trust structure and preserves any property tax benefits available under California law.

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