When creating a revocable living trust, many people overlook one critical step: funding the trust with their assets—especially real estate. If your goal is to avoid probate, protect your family, and ensure a seamless transfer of property upon death, transferring your real estate into your trust is essential. Fortunately, the process is relatively straightforward when done correctly.
In this article, we’ll explain how to put real property into your revocable trust, why it’s important, and how a small oversight can have big consequences later.
What Is a Revocable Living Trust?
A revocable living trust is a legal document that holds ownership of your assets while allowing you to retain control over them during your lifetime. You can change, amend, or revoke the trust at any time. Upon your death, the trust directs how your assets should be distributed without the delays, costs, and publicity of probate.
Why Transfer Real Property Into a Trust?
Simply creating a trust isn’t enough. You must fund the trust by moving ownership of assets—like your house or other real estate into it.
Key benefits of putting your real estate into a revocable trust:
✅ Avoid probate
Assets held in a trust bypass the court system.
✅ Maintain privacy
Unlike probate, trust transfers aren’t public record.
✅ Provide continuity
A successor trustee can manage the property immediately if you become incapacitated.
✅ Ensure proper distribution
The trust outlines exactly who gets what and when.
How to Transfer Real Property Into Your Revocable Trust
Step 1
Prepare a New Deed
A new deed must be drafted to reflect the change in ownership. The current owner (you) will transfer the property to yourself as trustee of your revocable trust.
For example:
“John A. Smith, a married man, hereby grants to John A. Smith, trustee of the John A. Smith Revocable Trust dated January 1, 2025, the following described real property…”
Step 2
Record the Deed With the County Recorder
The deed must be signed, notarized, and recorded in the county where the property is located. This step is critical it updates the public land records and ensures there’s no break in the chain of title.
Step 3
Confirm Title Insurance and Property Taxes
Notify your title insurance company about the transfer. Also, ensure the change doesn’t affect your property tax exemptions (such as a homestead exemption). Some states require additional filings or forms to maintain these benefits.
Common Mistakes to Avoid
❌ Failing to record the deed
If the property isn’t officially transferred into the trust, it may still go through probate.
❌ Using incorrect trust names or dates
Even small errors can cause title defects later.
❌ Not notifying your mortgage lender (if applicable)
While most lenders don’t object to transfers into revocable trusts, some may require notice or approval.
Imagine a homeowner who created a revocable trust but never transferred their home into it. When they passed away, their family discovered that the home still had to go through probate—completely defeating the purpose of the trust.
By contrast, when a properly recorded deed reflects trust ownership, the successor trustee can take over immediately, pay bills, maintain the property, or sell it without court interference.
Plan Today—Because Tomorrow Isn’t Promised
Taking the time to properly fund your trust with real estate ensures that your loved ones won’t be burdened with legal red tape during an already difficult time. While the process is simple, mistakes can be costly if you don’t get the details right.
Need Help Transferring Property Into Your Trust?
At Sabrina Winters Law, PLLC, we help individuals and families secure peace of mind through comprehensive estate planning. Whether you’re creating a trust from scratch or just need help funding it with real estate, we’re here to guide you through every step.
📞 Call us today at +1 704-843-1446 or Schedule a Consultation
📍 Serving Charlotte, and nearby areas with in-depth estate planning guidance