A revocable living trust only controls the assets that are actually titled in its name. Setting up the trust document is step one; "funding" it — retitling your assets into it — is step two. For most families, the home is the biggest asset the trust is supposed to hold. And it's the one that most often gets left out.
Why your home may not be in your trust
When you buy a house, escrow records a grant deed putting the property in your name — not your trust's. Funding the trust is a separate step that happens afterward, and it's routinely missed. The title company's job was to close the purchase, not to fund your estate plan. Years later, families are surprised to learn the home they thought was protected was never deeded into the trust at all.
Your trust can only protect what’s titled in its name — and the family home is the asset most often left out.
Why it matters
If the home isn't titled in the trust when the owner dies, the trust can't control it — and the property may have to go through probate, the court process the trust was meant to avoid. Probate in California is public, slow, and expensive. The whole point of the trust is defeated by one missing deed.
How to check
Pull your most recent recorded deed (or your property tax bill) and look at how the owner is listed. If it shows your name as an individual — "Jane A. Smith, a married woman" — rather than the trust — "Jane A. Smith, Trustee of the Smith Family Trust dated June 1, 2020" — the home likely isn't in the trust yet. If you're not sure, we can check the recorded vesting for you.
The fix: a trust transfer deed
A trust transfer deed moves the home from you as an individual into your trust. Two things make this painless in California:
- No transfer tax. A transfer to your own revocable trust is exempt from documentary transfer tax under Revenue & Taxation Code §11930.
- No reassessment. Moving your home into your own revocable living trust is not a change in ownership for property-tax purposes, so your Proposition 13 tax base is preserved.
How SimpleDeeds does it
Tell us the name on title and the property address, and the exact name of your trust. We research the current vesting and legal description, prepare the trust transfer deed with the correct exemption language and county forms, and record it once it's signed and notarized — flat $295. We prepare the deed you direct and are not attorneys; if you need advice about your estate plan, talk to an attorney.