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To transfer ownership, disclaim ownership, or add someone to title, you will choose between a grant deed and a quitclaim deed. Spouses/domestic partners transferring property between each other may choose an interspousal deed. Blank deeds are available at saclaw.org/forms.
Today, Californians most often transfer title to real property by a simple written instrument, the grant deed. The word grant is expressly designated by statute as a word of conveyance. (Civil Code Section 1092) A second form of deed is the quitclaim deed.
In California, quitclaim deeds are commonly used between spouses, relatives, or if a property owner is transferring his or her property into his or her trust. A grant deed is commonly used in most arms-length real estate transactions not involving family members or spouses.
To distribute real estate held by a trust to a beneficiary, the trustee will have to obtain a document known as a grant deed, which, if executed correctly and in accordance with state laws, transfers the title of the property from the trustee to the designated beneficiaries, who will become the new owners of the asset.
You can arrange to legally transfer the deed to your house to your children before you die. To do so, you sign a deed transfer and record it with the county recorders office. There are a few types of deeds that accomplish this in California, including a quitclaim deed, grant deed and transfer on death deed.
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The beneficiary can (where there is one beneficiary or if there are several beneficiaries and all of them agree) direct the trustee to transfer the trust property to him (if there are several beneficiaries to all of them) or to such other person as the beneficiary (or the beneficiaries may desire).
After you prepare the deed and have it docHubd, your attorney will record the deed in the county property records office. An attorney may charge $500 to $1,000 to handle the deed transfer for you, said Van Atta. Typically, youll also pay a small fee for recording the deed, such as $100, said Banuelos.
Even a simple trust may require 12-18 months before they can end trust administration and transfer of trust property to beneficiaries, although it can take several years if the trust is complex.
Adding a family member to the deed as a joint owner for no consideration is considered a gift of 50% of the propertys fair market value for tax purposes. If the value of the gift exceeds the annual exclusion limit ($16,000 for 2022) the donor will need to file a gift tax return (via Form 709) to report the transfer.
To transfer real property into your Trust, a new deed reflecting the name of the Trust must be executed, docHubd and recorded with the County Recorder in the County where the property is located. Care must be taken that the exact legal description in the existing deed appears on the new deed.

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