Deed Transfers - DRS Law

A paper house rests on a blueprint. Next to the house are mortgage papers. Title Transfer for Real Property

Real Property (Land and Structures permanently attached to the land) can only be transferred by a written deed. When the property is transferred (retitled) in the name of the Revocable Living Trust, the transfer can be completed without a Probate Proceeding.

A home is typically the single largest asset of the client. Proper transfer of the asset to the revocable trust is a crucial aspect of the Estate Plan.

Frequently Asked Deed Transfers Questions

How does transferring property to a revocable living trust help avoid probate?

When property is transferred to a revocable living trust, it bypasses the probate process entirely upon the owner’s death. This means your beneficiaries can receive the property directly through the trust, saving significant time and money compared to probate proceedings.

What types of property need to be transferred by deed to my trust?

Real property, which includes land and any permanent structures attached to it (like houses, garages, and other buildings), must be transferred using a written deed. Personal property is typically assigned to the trust.

Can I still sell or refinance my home after transferring it to a revocable trust?

Yes, you maintain full control of your property after transferring it to a revocable living trust. You can sell, refinance, or make any other changes to the property just as you did before. The trust is “revocable,” meaning you can modify or cancel it at any time.

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