How to Transfer Real Estate Into a Trust (Step-by-Step)

Step 1: Get a Copy of Your Current Deed

Before you can transfer your property, you need to know exactly how it is currently titled. Your current deed shows the legal description of the property and the exact name(s) on title — this information is copied into the new deed.

In Florida, deeds are recorded with the Clerk of Courts in the county where the property is located. For Sandra, that is the Miami-Dade Clerk of Courts. You can request a copy online, in person, or through a title company. Most counties charge a small fee — typically $1–$2 per page.

Step 2: Draft a New Deed Naming the Trust as Grantee

The new deed transfers ownership from you personally to you as trustee of your trust. The grantee (new owner) line should read something like:

Sandra Rodriguez, Trustee of the Sandra Rodriguez Revocable Living Trust dated [date of trust]

This language is important. You are not giving the property away — you are transferring it to yourself in your capacity as trustee. You still control the property completely. You can sell it, refinance it, or move out at any time. The trust owns it on paper; you control it in practice.

In most states, including Florida, a quitclaim deed is the standard deed used for transfers into a revocable living trust. A quitclaim deed conveys whatever interest the grantor holds in the property — no warranties of title — which is fine when you are transferring to yourself. For inherited or purchased properties where title clarity matters, a grant deed (which includes limited title warranties) may be more appropriate. A real estate attorney or title company can advise on which deed type is right for your situation.

Step 3: Sign in Front of a Notary

Once the deed is drafted, you sign it as the grantor (the person transferring the property) in front of a notary public. In Florida, a deed also requires two witnesses in addition to notarization — this is a Florida-specific requirement, so make sure your deed complies.

You do not need a separate signature from the trust or a co-signer. You are both the grantor and the trustee. One signature, one notary, two witnesses. That is it.

Step 4: Record the Deed With the County

A deed that is not recorded is not enforceable against third parties. Recording is what makes the transfer official and public. In Florida, you file the deed with the Clerk of Courts in the county where the property is located. For Sandra's Coral Gables home, that is the Miami-Dade Clerk of Courts.

Recording fees in Florida are typically $10 for the first page and $8.50 for each additional page, plus a documentary stamp tax of $0.70 per $100 of consideration. For a deed transferring into your own trust (no money changing hands), the consideration is often listed as $10 — which means the doc stamp is nominal. Check with the Clerk of Courts or a local real estate attorney to confirm the exact fees for your county.

Once recorded, you will receive the original deed back with a recording stamp. Keep this in a safe place alongside your trust document.

Step 5: Update Your Homeowner's Insurance

This step is almost universally skipped — and it is a real problem. Your homeowner's insurance policy is written in your personal name. Once the property is owned by the trust, the policy needs to reflect that. If you have a claim and the insurer discovers the property is owned by a trust that is not named on the policy, they can deny it.

Call your insurance agent and tell them you transferred the property into your revocable living trust. Ask them to add the trust as an additional insured or to retitle the policy. Most insurers handle this routinely — it is not unusual and it does not raise your premium.

Step 6: Check for the Due-on-Sale Clause

If you have a mortgage, your loan agreement likely contains a due-on-sale clause — a provision allowing the lender to demand full repayment if ownership of the property changes. This sounds alarming. It is not, for most homeowners.

Under the Garn-St. Germain Act — a federal law — lenders cannot invoke the due-on-sale clause when a homeowner transfers their primary residence into a revocable living trust in which the borrower remains a beneficiary. This exemption covers the vast majority of trust deed transfers. Your lender cannot call your loan due just because you moved the house into your own trust.

That said, it is good practice to notify your mortgage servicer in writing after you record the deed. Some servicers require documentation confirming the borrower is also the trustee and beneficiary of the trust. Sending a brief letter with a copy of the recorded deed and your certificate of trust is sufficient in most cases.

Forgetting to record the deed

A deed that is signed and notarized but never filed with the county is not legally effective against third parties. If you die with an unrecorded deed, your family may have to go to court to establish that the transfer was intended. Always record immediately after signing.

Not updating homeowner's insurance

As noted above, a policy that does not list the trust can create coverage gaps. This is a five-minute phone call that most people skip. Make it.

Assuming you need to refinance

You do not. Transferring your home into a revocable living trust is not a sale. It does not trigger a refinancing requirement. Your existing loan stays exactly as it is. The Garn-St. Germain exemption covers this — see Step 6 above.

Deeding the property without checking the mortgage first

While Garn-St. Germain protects most primary residences, the exemption has limits. It applies when you — the borrower — are also the beneficiary of the trust. If the trust structure is unusual (for example, if it is an irrevocable trust), the exemption may not apply. Confirm before you record.

Can I still sell my house after it's in a trust?

Yes — completely. You, as trustee, have full authority to sell the property whenever you choose. The trust does not restrict your ability to sell, refinance, or use the property. From a practical standpoint, the sale process is identical to selling a property you own personally, with one small difference: the seller on the deed will be listed as “[Your Name], Trustee of the [Trust Name].” Title companies and buyers handle this routinely — it is not unusual or complicated.

Do I lose my homestead exemption if I deed my house into a trust?

In Florida, no — as long as the trust meets specific requirements. Florida law allows a revocable living trust to qualify for the homestead exemption if the beneficiary (you) occupies the property as a primary residence and the trust is a qualifying trust under Florida statute. Most standard revocable living trusts are drafted to comply. However, after recording the deed, contact your county property appraiser's office to confirm the exemption remains in place and update their records if needed. Do not assume — verify.

How much does it cost to transfer real estate into a trust?

For a straightforward primary residence in Florida, expect to pay roughly $500–$1,500 in attorney fees (if you use one) plus $25–$75 in recording fees and document stamps. If you use an online deed preparation service and have an attorney review it, costs run closer to $200–$500 total. Regardless of which route you take, the recording fees are non-negotiable — they go to the county and are required to make the transfer official. There is no gift tax or income tax triggered by this transfer for a standard revocable trust.

What happens if I buy a new home — do I need to deed it into the trust too?

Yes. Any property you acquire after the trust is created is not automatically in the trust — it is titled in your personal name unless you take action. The easiest approach: at closing, ask the title company to put the new property directly into the trust's name. The buyer on the deed would be “[Your Name], Trustee of the [Trust Name].” This skips the deed transfer step entirely. If you forget and take title personally, you will need to do a deed transfer afterward — the same process described in this article.

Can I transfer rental property or investment property into a trust?

Yes — and it is often a good idea. Rental properties, vacation homes, and investment real estate can all be transferred into a revocable living trust using the same deed transfer process. The main considerations are different from a primary residence: the Garn-St. Germain exemption may not fully apply to investment property mortgages (some lenders include due-on-sale clauses without a federal override), and the homestead exemption does not apply. For investment properties, it is worth working with a real estate attorney to review the mortgage documents before recording the deed. For properties held in an LLC, the transfer process is different — consult your estate planning attorney about the right approach.