[TX] How do I use a general warranty deed to transfer property into a revocable living trust?
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Most people use the quitclaim deed, but the general warranty deed works too—it's up to you. Both are valid. A warranty deed provides stronger legal protection, which might be preferable. For more information, you can visit Texas Property Code – Chapter 5: Conveyances.
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I live in Texas. I recently created a revocable living trust. I'm trying to transfer my property into the trust. I filled out a general warranty deed. Is that the right form to use?
I understand you want to correctly transfer your property into a revocable living trust. Have you consulted a real estate or trust attorney for this?
No.
Are you looking for step-by-step guidance on how to transfer your property into the trust and which forms to use?
Yes.
Is there anything else the lawyer should know before I connect you?
No.
Thanks for using AskaLawyer. My name is Evan, and I’ll be helping you with your question. A general warranty deed or a quitclaim deed can be used to transfer property into your trust.
Thanks, Evan. Based on my research, it appears the quitclaim deed can't be used. Are you sure?
Most people use the quitclaim deed, but the general warranty deed works too—it's up to you. Both are valid. A warranty deed provides stronger legal protection, which might be preferable. For more information, you can visit Texas Property Code – Chapter 5: Conveyances.
What should I do after filling out and notarizing the warranty deed?
Record the deed with the county clerk’s office where the property is located. This is essential to making the transfer legally recognized.
Great. Since I'm transferring ownership from my name to my revocable living trust, do I need to inform my title company?
Yes, it's recommended to notify the title company of your intentions.
I purchased an owner's title insurance policy when I bought the home. Will I still be covered after moving the house into the trust?
Usually, because you’re transferring it to yourself as trustee and not to someone else or selling it, the coverage remains intact. Still, the title company may want to list the trust as an additional insured or ask you to file a notice, so it's best to notify them.
Thank you so much.
Feel free to reach out with any further questions. Take care and have a great day!
