Mangai Notary Service Notary Public · California

Trust Transfer Deeds and Funding a California Trust

A living trust only controls property actually put into it. How a trust transfer deed moves a California home into a trust.

A living trust only controls property that has actually been put into it. For a house, that means signing and recording a trust transfer deed. It must be notarized, and you give a right thumbprint because it affects real property. It costs $10 for each document notarized.

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The mistake this page is aboutLink to this section

People sign a living trust, put it in a drawer, and assume the job is done. It is not. A trust only controls property that has actually been put into it. That step is called funding.

If your house is still titled in your own name when you die, the trust does not control it. Your family may end up in probate anyway — the exact thing the trust was supposed to avoid.

For a house, funding means signing and recording a trust transfer deed.

What a trust transfer deed isLink to this section

It is a deed — usually a grant deed — that transfers your property from you as an individual to yourself as trustee of your trust.

Typical wording moves title from:

Maria Elena Vasquez, a married woman

to:

Maria Elena Vasquez, Trustee of the Vasquez Family Trust dated March 14, 2026

You are on both sides of the transaction. Nothing about your ownership, your mortgage or your ability to sell changes in practice. What changes is who holds legal title on paper.

Why it must be notarizedLink to this section

Same rule as any other deed. Government Code § 27287 requires the execution of an instrument to be acknowledged before it can be recorded, and grant deeds cannot use the subscribing-witness alternative.

An unrecorded trust transfer deed sitting in your file is not funding. The recorder's index still shows you personally as the owner.

The notary processLink to this section

  1. The current owners sign — everyone on title. If the house is community property, that usually means both spouses.
  2. ID check under Civil Code § 1185, with the name matching how title is currently vested.
  3. Right thumbprint in the journal, required for deeds under Government Code § 8206.
  4. Acknowledgment certificate under Civil Code § 1189.

This is often done in the same appointment as the trust itself, which is why a trust signing typically has several separately charged notarizations.

Taxes: two things people worry about, and the answersLink to this section

Documentary transfer tax. Moving property into your own revocable trust is generally exempt, because you are not really giving anything away. The exemption is claimed on the face of the deed by citing the applicable Revenue and Taxation Code section. Your county recorder's website lists the accepted exemption wording — for example, San Mateo County's documentary transfer tax page.

Property tax reassessment. A transfer into your own revocable trust, where you are the trustee and beneficiary, is generally not treated as a change in ownership, so the assessed value stays put. You still submit a Preliminary Change of Ownership Report with the deed under Revenue and Taxation Code § 480.3, and check the box explaining the transfer is to a revocable trust. Skipping it adds a $20 recording fee and means the assessor asks you for the same information afterward.

Get this wrong on the form and the assessor may reassess. Then you are writing letters to fix it. Ask your county assessor if you are unsure — that call is free.

What else needs fundingLink to this section

The deed handles the house. The rest of your assets need their own steps, and none of them involve a notary:

  • Bank and brokerage accounts — retitle with the institution, using a certification of trust
  • Life insurance and retirement accounts — these pass by beneficiary designation, not by the trust; update the forms with the company
  • Vehicles — through the DMV
  • Business interests — through an assignment

After death: the affidavit of death of trusteeLink to this section

When the person who created the trust dies, the successor trustee has to show the county that title now sits with them. That is done with an affidavit of death of trustee, recorded with a certified copy of the death certificate.

This document is notarized. Depending on how the form is drafted, it may take an acknowledgment or a jurat — a jurat means you sign in front of the notary and swear the contents are true, using the wording in Government Code § 8202.

The document tells the notary which act it needs. The notary cannot choose for you, because selecting the notarial act is legal advice.

Frequently asked questionsLink to this section

Will transferring my house into my trust trigger a reassessment? A transfer into your own revocable trust where you remain trustee and beneficiary is generally not a change in ownership. You still complete the PCOR under R&T Code § 480.3. Confirm with your county assessor before recording.

Will my mortgage lender call the loan due? Federal law generally prevents a lender from enforcing a due-on-sale clause when a residence is transferred into a revocable trust where the borrower is a beneficiary and remains an occupant. The Garn-St Germain Act, 12 U.S.C. § 1701j-3, sets out the exemptions. Notify your lender and ask an attorney if you have any doubt.

Do I have to notify my homeowner's insurance? You should. Call your carrier and have the trust added as an additional insured. This is not a notary matter.

Can the notary prepare the trust transfer deed? No. Preparing a deed is the practice of law. The Notary Public Handbook requires the notary to decline and refer you to an attorney.

Does the deed get recorded automatically after notarization? No. Notarizing and recording are separate. You, your attorney or a title company submits the deed, the PCOR and the fees to the county recorder.

I refinanced after putting the house in the trust and the lender took it out. What now? This happens often. Lenders sometimes require the property be held personally at closing. If it was never deeded back, you need a new trust transfer deed — signed, notarized and recorded again.

What does an affidavit of death of trustee cost to notarize? $15 per signature under Government Code § 8211, rising to $20 on January 1, 2027 under AB 1597. This service charges $10 for each document notarized. Pricing.

General information about notary procedure. A notary public cannot prepare deeds or advise on taxes, lending or trust administration. Talk to a California attorney, your county assessor, and your lender.