Funding a Living Trust by Quit Claim Deed of Real Estate Property into Trust Ownership at the Court House

By Robert J. Bruss
Washington Post, June 16, 2007

Q: DEAR BOB: About two years ago, I set up a revocable living trust and included my checking, savings and stock brokerage accounts. I recently realized that the title to my condominium is not in my living trust. What must I do to place my condo into my living trust to avoid probate after I die? -- Larry T.

A: DEAR LARRY: You are not alone. Millions of homeowners create revocable living trusts to avoid probate costs and delays for their heirs but forget to "fund" them with title to their homes. This is especially important if you own real estate in more than one state; otherwise, probate will be required in each state.

The easiest way to transfer title to your condo into your living trust is to sign a notarized quitclaim deed in recordable deed form from yourself to yourself as trustee of your living trust. Then record it with the local recorder of deeds.

To be recordable, the quitclaim deed usually must include the legal description of your property, the local parcel number and your notarized signature. The easiest place to find your condo's legal description and parcel number is on your owner's title insurance policy.