Your home is more than just a piece of property. it’s where you’ve built memories, found comfort, and created a legacy. Deciding to transfer your home into a trust is a thoughtful way to protect what matters most to you while making future transitions easier for your loved ones.

Whether your goal is to avoid the time and expense of Probate, reduce taxes, or secure your family’s financial future, putting your home in a trust is a practical solution. If you’ve been wondering how to put your home in a trust, this blog will explore the benefits and explain the steps involved in making it happen.

Benefits of Putting Your Home in a Trust

While the process involves legal steps and paperwork, setting up a trust offers numerous benefits:

  • Avoiding Probate: Your home transfers directly to your beneficiaries without court involvement
  • Privacy: Unlike wills, trusts are not public records, keeping your financial affairs private
  • Flexibility: Revocable Trusts allow you to maintain control during your lifetime
  • Protection: Irrevocable Trusts can shield your property from creditors
  • Efficiency: Streamlining the transfer of your property reduces delays and costs for your beneficiaries

With these benefits in mind, the first step in putting your home in a trust is to decide on which type of trust is best for your circumstances.

Step 1: Choose the Right Type of Trust for Your Needs

Choosing the right trust is the first step for effective Estate Planning. For most California homeowners, a Revocable Living Trust is the ideal choice. This type of trust allows you to:

  • Retain full control of your home and other assets during your lifetime
  • Amend or revoke the trust as your needs change
  • Avoid Probate, ensuring a smooth transfer of property to your beneficiaries

If your goals include advanced Asset Protection or reducing estate taxes, an Irrevocable Trust might be worth considering. Irrevocable Trusts require you to relinquish control of the assets, which can shield them from creditors or reduce tax liabilities, but they lack the flexibility of Revocable Trusts.

By evaluating your long-term goals and priorities, you can determine which type of trust aligns best with your needs. For most homeowners, the flexibility and simplicity of a Revocable Living Trust make it the most practical option.

Step 2: Draft the Trust Document

Once you’ve decided on the type of trust, the next step is drafting the trust document. This legal document specifies the terms of the trust, including:

  • The name of the trust
  • The trustee and any successor trustees
  • The beneficiaries who will inherit the property
  • Instructions for managing the property during your lifetime and after your passing

In California, a trust must be signed and notarized to be valid. Working with an attorney ensures the language in the trust document aligns with California law, avoiding unclear terms or errors that could complicate the management or distribution of your assets.

Step 3: Retitle Your Property in the Name of the Trust

Once your trust is established, you need to change the title of your home to reflect the trust’s ownership. This involves preparing and filing a grant deed with the county recorder’s office where your property is located.

When you file the grant deed, it officially transfers ownership of the property from your name as an individual to the name of your trust. The new deed replaces the current one on record, showing the trust as the legal owner of the property. The original deed becomes part of the property’s history and remains accessible through county records.

Key Information for the Grant Deed:

  • The current legal description of your property
  • The trust’s name as the new owner
  • A statement confirming the transfer of ownership into the trust

You’ll also need to file a Preliminary Change of Ownership Report (PCOR) with the county. This form provides details about the ownership change and helps the assessor determine if the property qualifies for exclusions from reassessment under Proposition 13.

Be aware that errors in this step, such as failing to file the correct paperwork or omitting required information, could result in the property being excluded from the trust and subject to Probate. Additionally, notify your mortgage lender about the transfer. Some lenders may have specific requirements or need to update their records to reflect the trust’s ownership.

Step 4: Update Your Homeowner’s Insurance

After transferring your home into a trust, notify your insurance provider of the change. While the terms of your policy remain the same, the trust must be listed as the property owner. Some insurers may also request documentation, such as a copy of the trust or proof of title transfer. This adjustment helps prevent potential disputes over coverage.

Step 5: Maintain and Review the Trust

Your trust isn’t a one-and-done document. While the trust is focused on your home, changes such as refinancing, renovations, or updates to your personal circumstances may require adjustments to the trust. Regularly review your trust to make sure it aligns with your current wishes and complies with California law.

When to Seek Legal Guidance

Although you can complete many of these steps on your own, California law surrounding trusts and real estate can be intricate. Consulting a CA Estate Planning attorney ensures your trust complies with legal requirements and reflects your wishes accurately.

Putting your home in a trust is a practical and forward-thinking decision that can simplify Estate Planning and protect your legacy. By understanding the process and following the necessary steps, you’ll create a secure plan for your property’s future. Take the time to review your goals, select the right trust, and make informed decisions that align with California’s laws.

Work with Talai Law Offices to Protect Your Greatest Asset

Your home is likely one of your most valuable and meaningful assets. Transferring it into a trust is a key step in safeguarding your property and simplifying your Estate Plan. At Talai Law Offices, attorney Ali Talai provides personalized guidance on a flat-fee basis to help you establish your trust with clarity and confidence, avoiding unnecessary stress or complications.

From drafting the trust document to transferring the title of your home, we handle every detail with precision and care, following California law. If you already have an Estate Plan, we can review it to ensure it aligns with your current goals and circumstances, or help you create a new plan tailored to your needs. With our customized approach, you can have peace of mind knowing your home and family’s future are secure.

Your online search for a “trust attorney near me” brought you to this blog. Take the next step and contact Talai Law Offices today to schedule your consultation. You can either call us at (818) 285-2850(818) 285-2850 or fill out our confidential online form. We’re your attorney for life.

While you wait for your consultation, we invite you to download our SPECIAL REPORT – “The 10 Biggest Estate Planning Mistakes People Make (And How to Avoid Them!)”

Copyright © 2025. Talai Law Offices, Inc. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Talai Law Offices, Inc.
6300 Canoga Ave Suite 550
Woodland Hills, CA 91367
(818) 285-2850(818) 285-2850
https://talailaw.com/

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