Deed Into Trust Preparation in California

The California Courts say assets go to beneficiaries without probate court only as long as you have put your assets into the trust. Property that was never put into the trust may still have to go through probate. We prepare the transfer deed you direct, and we do not promise any result.

The law says a transfer by the trustor, a spouse, or both into a trust is not a change in ownership for property tax while the transferor is the present beneficiary or the trust is revocable. The Board of Equalization lists revocable trust transfers as automatically excluded.

The Preliminary Change of Ownership Report, form BOE-502-A. It is completed by the transferee and filed with the deed at the recorder in the county where the property is located. It asks whether the transfer is into a revocable trust.

The law says the documentary transfer tax does not apply to a document that transfers real property as a gift or because of a death, outright or in trust. Which exemption applies to your deed is a question for the county recorder.

We prepare the deed and forms at your direction. The county recorder in the county where the property is located records it. The recorder's website lists current fees and rules.