Does a property trust need to be notarized or filed with the state, and if filed with the state how do I do it properly?

Lexi, Chatbot

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BH414

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BH414

A property trust does not automatically need to be filed with the state. Trusts are private documents that become legally effective once signed by the grantor and accepted by the trustee.

The most important part is transferring ownership of the property into the trust’s name. That is done through a deed, usually a quitclaim or warranty deed, that conveys the property from you individually to you as trustee of the trust. The deed itself, not the trust, must be recorded with the county recorder’s office where the property is located. Recording the deed is what gives public notice that the trust now owns the property.

The trust document should be signed by the grantor and trustee and should be notarized to validate the signatures. Notarization is not always required by law, but it is best practice because it prevents challenges later and allows the trust to be used in title transfers or banking matters without delay. Once signed and notarized, you should keep the original in a safe place and provide a copy to your trustee, successor trustee, or attorney if one is named.

If you want to be thorough, verify that the deed transferring the property lists the correct legal description and references the full name of the trust, including the date it was created. Recording fees vary by county, but the county recorder’s office or website can tell you the exact amount and procedure.

BH414

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