Transfer your California home into your living trust

You set up a living trust to keep your home out of probate. But here's the part almost no one checks: was the house ever actually deeded into the trust? Very often, it wasn't.

Updated June 20262 min readPrepared by a California LDA
CaliforniaTRUST TRANSFER
Your home TITLED IN YOUR NAME NO TRUST DEED TRUST TRANSFER DEED Probate public · slow · costly Your living trust the home is protected Passes to your heirs, privately
A trust only protects the home if the home is actually titled in it.

A revocable living trust only controls the assets that are actually titled in its name. Setting up the trust document is step one; "funding" it — retitling your assets into it — is step two. For most families, the home is the biggest asset the trust is supposed to hold. And it's the one that most often gets left out.

Why your home may not be in your trust

When you buy a house, escrow records a grant deed putting the property in your name — not your trust's. Funding the trust is a separate step that happens afterward, and it's routinely missed. The title company's job was to close the purchase, not to fund your estate plan. Years later, families are surprised to learn the home they thought was protected was never deeded into the trust at all.

Your trust can only protect what’s titled in its name — and the family home is the asset most often left out.

Why it matters

If the home isn't titled in the trust when the owner dies, the trust can't control it — and the property may have to go through probate, the court process the trust was meant to avoid. Probate in California is public, slow, and expensive. The whole point of the trust is defeated by one missing deed.

How to check

Pull your most recent recorded deed (or your property tax bill) and look at how the owner is listed. If it shows your name as an individual — "Jane A. Smith, a married woman" — rather than the trust — "Jane A. Smith, Trustee of the Smith Family Trust dated June 1, 2020" — the home likely isn't in the trust yet. If you're not sure, we can check the recorded vesting for you.

The fix: a trust transfer deed

A trust transfer deed moves the home from you as an individual into your trust. Two things make this painless in California:

How SimpleDeeds does it

Tell us the name on title and the property address, and the exact name of your trust. We research the current vesting and legal description, prepare the trust transfer deed with the correct exemption language and county forms, and record it once it's signed and notarized — flat $295. We prepare the deed you direct and are not attorneys; if you need advice about your estate plan, talk to an attorney.

$295 flat · all in

Have us prepare and record it for you.

One flat price from a registered California Legal Document Assistant. Give us a name and a property address — we handle the research, the forms, and the recording.

Start my deed — $295

FAQ

How do I know if my house is in my trust? +
Check your most recent recorded deed or property tax bill. If the owner is listed as an individual rather than as trustee of your trust, the home probably isn't in the trust. We can verify the recorded vesting for you.
Will transferring my home into my trust raise my property taxes? +
No. Transferring your home into your own revocable living trust is not a change in ownership for property-tax purposes, so your assessed value and Proposition 13 base are preserved.
Do I owe transfer tax to put my home in my trust? +
No. Transfers to your own revocable trust are exempt from documentary transfer tax under Revenue & Taxation Code §11930.
My title company set up my purchase — didn't they put it in my trust? +
Usually not. Escrow records the deed in your personal name to close the sale. Funding your trust is a separate step that's commonly missed.
What do you need to prepare the deed? +
The name on title, the property address, and the exact name and date of your trust. We research the rest.