California Grant Deed Document With A Revocable Trust

State:
California
Control #:
CA-01-78B
Format:
Word; 
Rich Text
Instant download

Description

This form is a Warranty Deed where the grantors is an individual and the grantees are two individuals. Grantor conveys and warrants the described property to grantees less and except all oil, gas and minerals, on and under the property owned by Grantor, if any, which are reserved by Grantor. This deed complies with all state statutory laws.

A California grant deed with a revocable trust is a legal document used in real estate transactions to transfer the ownership of a property from one party (granter) to another (grantee) while also involving a revocable trust. This type of deed is commonly used when the granter wants to transfer their property into a trust while maintaining control and the ability to revoke the trust at any time. The California grant deed with a revocable trust ensures that the property is transferred to the trust, which is held for the benefit of the granter and their designated beneficiaries. By using a revocable trust, the granter can retain control over the property during their lifetime and provide instructions on how it should be managed and distributed after their passing. This document provides legal protection and flexibility for the granter and allows them to avoid the probate process upon their death, as the property is already held within the trust. It offers privacy since trust documents are generally not made public, unlike a will that becomes part of the public record after probate. There are two main types of California grant deed document with a revocable trust that are commonly used: Inter vivos trust and testamentary trust. 1. Inter vivos trust: This type of trust, also known as a living trust, is created during the granter's lifetime. With an inter vivos trust grant deed, the granter transfers the property to the revocable trust, and the trust instrument specifies the terms and conditions for managing and distributing the property. The granter can act as the trustee and maintain control over the property until their death or incapacity. This type of trust ensures a smooth transition of assets and avoids the need for probate. 2. Testamentary trust: Unlike an inter vivos trust, a testamentary trust is created through a will and comes into effect only after the granter's death. The granter's property is transferred to the revocable trust through a grant deed executed as part of their will. This type of trust allows the granter to maintain control over their property while alive, and upon their death, it provides instructions for managing and distributing the assets to the beneficiaries as specified in the will. In conclusion, a California grant deed with a revocable trust is an essential legal document for transferring property into a trust while maintaining control and flexibility. It is a valuable asset protection and estate planning tool, ensuring privacy and avoiding the probate process. The two main types, the inter vivos trust and testamentary trust, offer different benefits depending on the granter's objectives and timeline.

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  • Preview Grant Deed From Individual to Two Individuals as Tenants in Common
  • Preview Grant Deed From Individual to Two Individuals as Tenants in Common
  • Preview Grant Deed From Individual to Two Individuals as Tenants in Common
  • Preview Grant Deed From Individual to Two Individuals as Tenants in Common

How to fill out California Grant Deed Document With A Revocable Trust?

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FAQ

Notarization. While not required, it is best practice to notarize the settlor's signature on the trust document. Funding the trust. The settlor must formally transfer ownership of assets to the trustee by retitling them in the name of the trust.

The trustee is the person that administers the trust. The trustee holds legal title to the property transferred into the trust by the settlor and acts as a fiduciary to the beneficiary to protect the assets in the trust.

To transfer real property into your Trust, a new deed reflecting the name of the Trust must be executed, notarized and recorded with the County Recorder in the County where the property is located. Care must be taken that the exact legal description in the existing deed appears on the new deed.

Revocable Living Trust: Real estate in California can be held by a revocable living trust. Title to the California real estate is held by the Trustee or Trustees of the trust who retains complete control over the trust and has complete power of direction over the real property.

Real estate can be transferred into a trust by a deed that transfers title from the grantor to the name of the trust. Under California law, a Preliminary Change of Ownership Report must be filed simultaneously with the deed at the county recorder's office in the county where the real property is situated.

More info

Send form for grant deed to a revocable trust via email, link, or fax. You can also download it, export it or print it out.THE UNDERSIGNED GRANTOR(s) DECLARE(s):. A Trust Transfer Grant Deed allows for real property to be distributed to the beneficiaries, which you named in your Revocable Living Trust. If a grantee fails to record, and another deed or any other document encumbering or affecting the title is recorded, the first grantee is in jeopardy. Deed of Reconveyance; Deed of Trust; Grant Deed; Interspousal Transfer Deed; Quit Claim; Revocable Transfer on Death. Grantor(s) sign the deed in front of a notary public. 3. Fill out the Preliminary Change of Ownership Report (PCOR). You can use a "quitclaim" or "grant" deed form. Nolo sells quitclaim deeds for a handful of states.

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California Grant Deed Document With A Revocable Trust