Deed Transferring Real Property into Living Trust

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.

This instrument prepared by (Tex. Prop. Code § 11.003 requires the grantee's address; a "prepared by" line is customary):
[____________________________________]
[____________________________________]
[____________________________________]

After recording return to:
[____________________________________]
[____________________________________]
[____________________________________]

GRANTEE'S MAILING ADDRESS (required — Tex. Prop. Code § 11.003):
[GRANTEE / TRUSTEE NAME]
[____________________________________]
[____________________________________]

Send subsequent tax statements to:
[____________________________________]
[____________________________________]

Property Tax Account / Parcel No.: [____________]

SPACE ABOVE THIS LINE RESERVED FOR COUNTY CLERK RECORDING STAMP

GENERAL WARRANTY DEED — TRANSFER TO REVOCABLE LIVING TRUST

State of Texas

1. GRANTOR

[GRANTOR FULL LEGAL NAME], [a single person / a married person / and [SPOUSE FULL LEGAL NAME], husband and wife], whose mailing address is [____________________________________] ("Grantor").

2. GRANTEE / VESTING IN TRUSTEE

[GRANTOR FULL LEGAL NAME], as Trustee of the [TRUST NAME] dated [__/__/____], and any successor trustee then serving under that trust instrument and any amendments to it (collectively, "Grantee" or the "Trustee"), whose mailing address is [____________________________________] (the grantee's mailing address required by Tex. Prop. Code § 11.003).

The Property is conveyed to the Trustee to hold, manage, and distribute according to the terms of the [TRUST NAME] dated [__/__/____] (the "Trust"). Title vests in the Trustee, in trust, and in any successor trustee without the necessity of any further conveyance, subject to the powers and authority granted to the Trustee under the Trust and under the Texas Trust Code, Tex. Prop. Code § 111.001 et seq.

3. CONSIDERATION

This conveyance is made for estate-planning purposes only, with no change in beneficial ownership of the Property. The consideration is nominal — Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are acknowledged — the Grantor being the settlor and a beneficiary of the Trust during the Grantor's lifetime. No sale, purchase, or exchange has occurred.

4. GRANTING CLAUSE

THE STATE OF TEXAS §
COUNTY OF [____________] §

KNOW ALL PERSONS BY THESE PRESENTS, that the Grantor, for and in consideration of the sum stated above, does hereby GRANT, SELL, and CONVEY unto the Grantee, as Trustee as aforesaid, and to the Grantee's successors in trust and assigns, all of the Grantor's right, title, and interest in and to the following described real property, together with all improvements (the "Property"):

Property commonly known as: [STREET ADDRESS, CITY, TEXAS, ZIP]

County: [____________] County, Texas

Legal Description: See Exhibit A attached hereto and incorporated by reference.

TO HAVE AND TO HOLD the Property, together with all and singular the rights, hereditaments, and appurtenances belonging in any way to the Property, unto the Grantee, as Trustee, and the Grantee's successors in trust and assigns forever; and the Grantor does hereby bind the Grantor and the Grantor's heirs, executors, administrators, and successors to WARRANT AND FOREVER DEFEND all and singular the Property unto the Grantee, as Trustee, and the Grantee's successors in trust and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, subject to the matters in Section 5.

5. SUBJECT TO

This conveyance is made subject to:

(a) Ad valorem real property taxes and assessments for the current and subsequent years, not yet due and payable;
(b) Easements, covenants, conditions, restrictions, reservations, mineral interests, and rights-of-way of record;
(c) Applicable zoning, subdivision, building, land-use, and environmental laws and regulations; and
(d) Any lien, deed of trust, or mortgage of record, which the Trustee takes subject to but does not assume except as separately agreed in writing.

6. PURPOSE; HOMESTEAD, TAX, AND TITLE-INSURANCE CONTINUITY

6.1 Estate-planning purpose. The sole purpose of this conveyance is to fund the Grantor's revocable living trust so that the Property may pass on the Grantor's death under the terms of the Trust without probate administration and may be managed during any incapacity of the Grantor. The Grantor reserves all rights to amend or revoke the Trust and to direct the Trustee to reconvey the Property to the Grantor at any time.

6.2 Homestead exemption continuity. The parties intend that any residence homestead exemption, over-65 or disabled-person exemption, agricultural/open-space valuation, or tax-ceiling applicable to the Property continue uninterrupted following this conveyance. Because the Grantor remains the beneficial owner and a beneficiary of the Trust, the homestead exemption is generally preserved where the trust is a "qualifying trust" under Tex. Tax Code § 11.13(j); the Grantor should confirm continuity with the county Appraisal District and re-file any required application.

6.3 Title insurance. Re-titling into a trust can affect an existing owner's title-insurance policy. The Grantor should request an endorsement naming the Trustee as an insured, or confirm coverage continuity, with the title insurer before recording.

7. NO TRANSFER TAX; GARN-ST GERMAIN (DUE-ON-SALE) RECITAL

7.1 No Texas transfer tax. Texas does not impose a state real-estate transfer tax, documentary-stamp tax, or deed tax on this conveyance. Tex. Const. art. VIII, § 29 prohibits enactment of a transfer tax on transactions conveying fee-simple title to real property. Pay the applicable County Clerk recording fees under Tex. Loc. Gov't Code ch. 118; confirm locally whether any other recording charge applies. No state transfer-tax exemption form is required.

7.2 No due-on-sale acceleration (Garn-St Germain Act). If the Property is encumbered by a deed of trust or mortgage containing a due-on-sale clause, this transfer into the Grantor's revocable living trust is exempt from enforcement of that clause under the Garn-St Germain Depository Institutions Act, 12 U.S.C. § 1701j-3(d)(8), which bars a lender from exercising a due-on-sale clause upon "a transfer into an inter vivos trust in which the borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property," for residential real property of fewer than five dwelling units. This conveyance does not accelerate or affect any existing loan, and the Grantor remains personally liable on any existing note.

8. EXECUTION

EXECUTED on [__/__/____].

GRANTOR:

____________________________________
[GRANTOR FULL LEGAL NAME]

____________________________________
[SPOUSE FULL LEGAL NAME], joining in this conveyance to convey and release all homestead and marital interest in the Property (required if the Property is or may be homestead and the Grantor is married — Tex. Const. art. XVI, § 50; Tex. Fam. Code § 5.001)

9. NOTARY ACKNOWLEDGMENT (Texas)

THE STATE OF TEXAS §
COUNTY OF [____________] §

This instrument was acknowledged before me on the ____ day of ______________, 20____, by [GRANTOR FULL LEGAL NAME] [and [SPOUSE FULL LEGAL NAME]].

____________________________________
Notary Public, State of Texas
Printed name: ______________________
My commission expires: ______________

(Affix notarial seal)

10. RECORDING AND TAX-FORM INSTRUCTIONS

1. Where to record. Record the original, signed, and acknowledged deed in the office of the County Clerk of [____________] County, Texas — a county in which part of the Property is located. Tex. Prop. Code § 11.001. Section 11.004 states the recorder's duty to record an eligible, properly acknowledged or proved instrument.
2. Grantee's address (Tex. Prop. Code § 11.003). The deed must state a mailing address for the grantee (the Trustee), or a penalty filing fee equal to the greater of $25 or twice the statutory recording fee applies. Confirm the grantee-address block is completed (see header and Section 2).
3. Confidentiality legend (Tex. Prop. Code § 11.008). Keep the Notice of Confidentiality Rights at the top of the first page.
4. In-person presentation. If an individual presents the deed in person, the presenter must show the County Clerk acceptable photo identification under Tex. Prop. Code § 12.001(b)(2) and Tex. Loc. Gov't Code § 191.010.
5. No transfer tax. Texas imposes no transfer/stamp tax; pay only the County Clerk recording fee (Tex. Loc. Gov't Code ch. 118) plus per-page charges. No state tax form accompanies the deed.
6. Update collateral records. After recording, (a) notify the property/casualty insurer and add the Trustee as a named insured; (b) confirm the homestead/age exemptions and any agricultural valuation with the Appraisal District; (c) provide a recorded copy and a Certification of Trust (Tex. Prop. Code § 114.086) to the title company; and (d) record this deed before, not after, any closing on a sale or refinance.
7. Transfer-on-death deed alternative. Texas also authorizes a statutory Transfer on Death Deed (Tex. Est. Code ch. 114). Funding a revocable living trust by recorded deed and a TOD deed are different tools; do not use both for the same property without analysis.

EXHIBIT A — LEGAL DESCRIPTION

[INSERT THE COMPLETE LEGAL DESCRIPTION EXACTLY AS IT APPEARS ON THE GRANTOR'S CURRENT VESTING DEED — metes-and-bounds, or lot/block/subdivision with the recording reference (volume/page or instrument number) and county, or other legal description. Include the parcel/account number. Attach surveys or additional pages as needed.]

____________________________________

____________________________________

____________________________________

Sources and References

• Tex. Prop. Code § 5.021 — instrument of conveyance must be in writing, subscribed, and delivered.
• Tex. Prop. Code § 5.022 — statutory form of fee-simple conveyance with an express general-warranty covenant.
• Tex. Prop. Code § 5.023 — limited covenants implied by "grant" or "convey" unless expressly excluded.
• Tex. Prop. Code § 11.003 — grantee's mailing address required for recording, or penalty filing fee.
• Tex. Prop. Code §§ 11.001, 11.004, 12.001 — place of recording, recorder's duty, acknowledgment/proof, and photo identification for an in-person presenter.
• Tex. Loc. Gov't Code § 191.010 — acceptable photo identification for an individual presenting an instrument in person.
• Tex. Prop. Code § 11.008 — Notice of Confidentiality Rights legend.
• Tex. Const. art. VIII, § 29 — prohibition on enactment of a real-property transfer tax.
• Tex. Loc. Gov't Code ch. 118 — county clerk recording fees.
• Tex. Const. art. XVI, § 50; Tex. Fam. Code § 5.001 — homestead; spousal joinder to convey homestead.
• Tex. Tax Code § 11.13(j) — residence homestead exemption preserved for property held in a "qualifying trust."
• Tex. Prop. Code § 111.001 et seq. — Texas Trust Code; § 114.086 (certification of trust).
• Tex. Est. Code ch. 114 — Texas Real Property Transfer on Death Act (alternative non-probate tool).
• 12 U.S.C. § 1701j-3(d)(8) — Garn-St Germain Act; transfer into a borrower's revocable inter vivos trust does not trigger a due-on-sale clause.

This document is provided for informational purposes only and does not constitute legal advice. Confirm homestead spousal-joinder requirements and consult a licensed Texas attorney before executing or recording this deed.