The grantor, or the current property owner, must sign the deed in the presence of a notary public. The grantor must also formally transfer the property from their name to the trust's name. This step solidifies the legal transfer and ensures that the living trust holds the property.
"Trust deed" or "deed of trust" means a deed executed in conformity with this chapter and conveying trust property to a trustee or trustees qualified under section 33-803 to secure the performance of a contract or contracts, other than a trust deed which encumbers in whole or in part trust property located in Arizona ...
The deed of trust must then be recorded with the county where the property is located, and each of the parties (the trustor, trustee, and lender) should keep a copy of the recorded document.
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.
Before setting up a trust, it's wise to talk to an attorney experienced in Arizona trust matters. While it's possible to forge ahead on your own, an experienced attorney can help you avoid problems. Further, a trust attorney can outline all of your options (i.e., wills vs.
The grantor, or the current property owner, must sign the deed in the presence of a notary public. The grantor must also formally transfer the property from their name to the trust's name. This step solidifies the legal transfer and ensures that the living trust holds the property.
Disadvantages of Putting Your House in a Trust Loss of Direct Ownership. Potential Complexity and Administrative Burden. Potential for Increased Costs. No Asset Protection Benefits. Limited Tax Advantages. No Protection Against Creditors.
Parents and other family members who want to pass on assets during their lifetimes may be tempted to gift the assets. Although setting up an irrevocable trust lacks the simplicity of giving a gift, it may be a better way to preserve assets for the future.
Where to Get a Deed of Trust? To get a Deed of Trust, you must file the proper paperwork with the proper court as generally outlined above. These documents must be filed with the county clerk or recorder, and the lender typically sends them to the recording office after the property closing.
Requirement for registration of Trust Deed with the Local Registrar under the Indian Trusts Act, 1882: Trust Deed on stamp paper of requisite value. One passport size photograph & copy of the proof of identity of the settlor. One passport size photograph & copy of the proof of identity of each of the two trustees.