How do I legally transfer the ownership of my California real estate into a living trust?
To legally transfer your California real estate into a living trust, you must prepare, sign, and record a new deed with the county. This process formally retitles the property from your individual name to your name as the trustee of your trust.
Here are the steps to transfer your property:
Step 1: Locate Your Current Deed
Find the most recent deed to your property to get the exact legal description and the precise way your name is currently titled (e.g., "Jane Doe, a single woman"). You can find this in your personal records or obtain a copy from your county's Recorder's Office.
Step 2: Prepare a New Grant Deed
You will need a new deed, typically a Grant Deed, to transfer the property. On this deed, you are the "Grantor" (your current name as it appears on the title) and the "Grantee" is your trust (e.g., "Jane Doe, Trustee of the Jane Doe Revocable Trust dated May 1, 2024"). You must use the exact legal description of the property from the current deed.
Step 3: Complete a Preliminary Change of Ownership Report (PCOR)
Fill out a PCOR form (often BOE-502-A). This form notifies the County Assessor of the transfer. Critically, you must check the box for a transfer into a revocable trust, which is typically exempt from property tax reassessment under California Revenue and Taxation Code Section 62(d). This form is available on your county assessor’s website.
Step 4: Sign the Deed Before a Notary
Sign the new deed exactly as your name appears as the Grantor. This must be done in the presence of a Notary Public, who will verify your identity and notarize your signature.
Step 5: Record the Documents
Take the original, signed, and notarized deed and the completed PCOR to the County Recorder’s Office in the county where the property is located. You will pay a recording fee, and the Recorder's Office will make the transfer part of the public record.
Important considerations: If you have a mortgage, you should notify your lender of the transfer, though federal law generally prevents them from calling the loan due. Also, contact your title insurance company to ask about updating your policy to ensure the trust is covered.
Note: Errors in the deed, such as an incorrect legal description or trust name, can make the transfer invalid and create significant legal problems later. Precision is essential.
This is general information and does not constitute legal advice. For complex situations, such as properties with multiple owners or liens, consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 14, 2025
Real Estate
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