Deed Transferring Real Property into Living Trust

IMPORTANT — eRETR IS A PREREQUISITE TO RECORDING. Wisconsin imposes a Real Estate Transfer Fee (Wis. Stat. ch. 77). A conveyance into the grantor's own revocable living trust is exempt — claim exemption § 77.25(16) (to a trust if a grantor-to-beneficiary transfer would be exempt). Every conveyance, even an exempt one, requires a completed electronic Real Estate Transfer Return (eRETR) filed through the Wisconsin Department of Revenue; submission of the eRETR (and collection of any fee) is a prerequisite to acceptance for recording by the Register of Deeds (§ 77.22(1)). The reason for exemption must also be stated on the face of the deed (§ 77.25, closing paragraph).

PART I — RECORDING HEADER

Document Title: ☐ Warranty Deed — to Revocable Living Trust ☐ Quit Claim Deed — to Revocable Living Trust

Document drafted by: [____________________________________]

Return to (name & address):
[____________________________________]
[____________________________________]

Parcel Identification Number(s) (PIN): [____________]

Send subsequent tax statements to: [____________________________________], Trustee

Transfer fee: ☐ Exempt — Wis. Stat. § 77.25(16) (conveyance to grantor's own revocable trust). eRETR filed; receipt attached.

[3" x 3" BLANK SPACE — UPPER RIGHT — RESERVED FOR REGISTER OF DEEDS]

PART II — DEED TO REVOCABLE LIVING TRUST

WARRANTY / QUIT CLAIM DEED — TRANSFER TO REVOCABLE LIVING TRUST

State of Wisconsin

1. GRANTOR

[GRANTOR FULL LEGAL NAME], ☐ a single person ☐ a married person, 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 (the "Trustee"), whose mailing address is [____________________________________].

Title vests in the Trustee, and in any successor trustee without the necessity of further conveyance, to be held, administered, and distributed under the terms of the [TRUST NAME] dated [__/__/____] (the "Trust") and under the Wisconsin Trust Code, Wis. Stat. ch. 701.

3. CONSIDERATION

This conveyance is made for estate-planning purposes only, without actual consideration and with no change in beneficial ownership of the Property. The Grantor is the settlor and a beneficiary of the Trust during the Grantor's lifetime. Any recited consideration is nominal — One Dollar ($1.00) and other good and valuable consideration — and this transfer is not a sale.

4. GRANTING CLAUSE

The Grantor, for the consideration stated above, hereby:

☐ CONVEYS AND WARRANTS (warranty deed); or

☐ QUIT CLAIMS (quit claim deed)

to 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 (the "Property"):

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

County: [____________] County, Wisconsin

Parcel Identification Number(s) (PIN): [____________]

Legal Description: See Exhibit A attached hereto and incorporated by reference. (Include the complete legal description — Wis. Stat. § 706.05(2m).)

TOGETHER WITH all improvements, hereditaments, easements, and appurtenances belonging to the Property, TO HAVE AND TO HOLD unto the Grantee, as Trustee, and the Grantee's successors in trust and assigns forever.

5. SUBJECT TO

This conveyance is made subject to:

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

6. PURPOSE; HOMESTEAD / TAX-EXEMPTION CONTINUITY; TITLE INSURANCE

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. 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 / lottery & gaming credit; tax exemptions. The parties intend that the owner-occupancy Lottery and Gaming Credit and any applicable property-tax exemption continue uninterrupted following this conveyance. Because the Grantor remains the beneficial owner and a beneficiary of the Trust, the Grantor should confirm with the municipal Assessor / Treasurer that owner-occupancy credits are preserved after re-titling and re-file any required claim.

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. TRANSFER-FEE EXEMPTION AND GARN-ST GERMAIN RECITALS

7.1 Real Estate Transfer Fee — EXEMPT (Wis. Stat. § 77.25(16)). This conveyance transfers the Property into the Grantor's own revocable living trust, of which the Grantor is a beneficiary. Under Wis. Stat. § 77.25(16), a conveyance "to a trust if a transfer from the grantor to the beneficiary of the trust would be exempt under this section" is exempt from the Real Estate Transfer Fee (Wis. Stat. ch. 77). The exemption is claimed on the eRETR and stated on the face of the deed. A later conveyance from the trustee back to a beneficiary without actual consideration is exempt under § 77.25(9).

eRETR REQUIRED. Per Wis. Stat. § 77.22(1), submission of a completed electronic Real Estate Transfer Return (eRETR) and collection of any fee are prerequisites to acceptance of the conveyance for recording. File the eRETR through the Wisconsin Department of Revenue, claim exemption § 77.25(16), and submit the eRETR receipt with the deed; the information on the receipt must match the deed exactly.

7.2 No due-on-sale acceleration (Garn-St Germain Act). If the Property is encumbered by a mortgage, this transfer into the Grantor's own revocable living trust does not trigger any due-on-sale clause. Under the federal Garn-St Germain Depository Institutions Act, 12 U.S.C. § 1701j-3(d)(8), a lender may not exercise 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." The Grantor remains personally liable on any existing note.

8. EXECUTION

Dated this ____ day of ______________, 20____.

GRANTOR:

____________________________________
[GRANTOR FULL LEGAL NAME]

____________________________________
[SPOUSE FULL LEGAL NAME], joining to convey marital property / homestead (if applicable)

9. NOTARY ACKNOWLEDGMENT (Wisconsin — Wis. Stat. §§ 706.05(2)(b), 706.07)

STATE OF WISCONSIN
COUNTY OF [____________]

Personally came before me this ____ day of ______________, 20____, the above-named [GRANTOR FULL LEGAL NAME] [and [SPOUSE FULL LEGAL NAME]], to me known to be the person(s) who executed the foregoing instrument and acknowledged the same.

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

(Affix notarial seal/stamp)

10. RECORDING AND TAX-FORM INSTRUCTIONS

1. Where to record. Record the original, signed, and acknowledged deed with the Register of Deeds of [____________] County, Wisconsin — the county where the Property is located (Wis. Stat. § 706.05).
2. eRETR (MANDATORY). File the electronic Real Estate Transfer Return through the Wisconsin Department of Revenue (revenue.wi.gov/Pages/RETr/Home.aspx), claim exemption § 77.25(16), and submit the eRETR receipt with the deed. Submission of the eRETR is a prerequisite to recording (§ 77.22(1)). See Section 7.1.
3. Document format. Meet Wisconsin formatting standards: 3" x 3" blank space upper-right of the first page, minimum margins, return name/address and PIN under the recording area, name of drafter, typed/printed name below each signature, no Social Security numbers (Wis. Stat. § 59.43).
4. State the exemption on the deed. Confirm the reason for exemption (§ 77.25(16)) appears on the face of the deed.
5. Update collateral records. After recording, (a) notify the property/casualty insurer and add the Trustee as a named insured; (b) confirm owner-occupancy credits with the Assessor/Treasurer; (c) provide a recorded copy and a Certification of Trust (Wis. Stat. § 701.1013) to the title company; and (d) record the deed before any closing on a sale or refinance.

EXHIBIT A — LEGAL DESCRIPTION

[INSERT THE COMPLETE LEGAL DESCRIPTION EXACTLY AS IT APPEARS ON THE GRANTOR'S CURRENT VESTING DEED — lot/block with subdivision/plat reference, Certified Survey Map (CSM) volume/page/document number, or metes-and-bounds (quarter section, section, township, range). Include the PIN(s). A complete legal description is required (Wis. Stat. § 706.05(2m)). Attach surveys or additional pages as needed.]

____________________________________

____________________________________

____________________________________

Sources and References

• Wis. Stat. § 706.02 — formal requisites of a conveyance.
• Wis. Stat. § 706.05 — recording with the Register of Deeds; legal description; acknowledgment requirements.
• Wis. Stat. § 706.07 — acknowledgment / authentication of conveyances.
• Wis. Stat. ch. 77, §§ 77.21–77.26 — Real Estate Transfer Fee.
• Wis. Stat. § 77.22(1) — eRETR transfer return and fee are prerequisites to recording.
• Wis. Stat. § 77.25(16) — exemption: conveyance to a trust if a transfer from the grantor to the beneficiary would be exempt.
• Wis. Stat. § 77.25(9) — exemption: from a trustee to a beneficiary without actual consideration. (Note: § 77.25(8m) is "between husband and wife" and does NOT apply to a person-to-own-trust transfer.)
• Wis. Stat. § 59.43 — Register of Deeds document-format and indexing requirements.
• Wis. Stat. ch. 701 — Wisconsin Trust Code; § 701.1013 (certification of trust).
• 12 U.S.C. § 1701j-3(d)(8) — Garn-St Germain Act; transfer into a borrower's inter vivos revocable trust does not trigger a due-on-sale clause.
• Wisconsin Department of Revenue — Real Estate Transfer Return (eRETR) (revenue.wi.gov/Pages/RETr/Home.aspx); Real Estate Transfer Fee Common Questions.

This document is provided for informational purposes only and does not constitute legal advice. File the eRETR (a prerequisite to recording), claim exemption § 77.25(16), and consult a licensed Wisconsin attorney before executing or recording this deed.