Transferring a Home to a Living Trust
By Karla I. Vasquez, REALTOR® · Keller Williams Realty Danville · Reviewed October 2026
Quick answer
Creating a living trust is only half the job. To put your home in it, the current owners generally sign a new deed transferring the property to themselves as trustees of the trust, have it notarized, and record it with the County Recorder along with a Preliminary Change of Ownership Report (PCOR). Under California property tax rules, moving a home into a trust you can revoke is generally not a change in ownership, so it usually doesn't trigger reassessment. Talk to an attorney for advice about your situation.
Why "funding" the trust matters
Many people sign a beautiful trust binder and never change the deed. If the home is still titled in your individual names, it may not be governed by the trust when it matters most. Transferring title to the trustee is often called "funding" the trust, and it's a step worth confirming.
What are the general steps to transfer a home into a living trust?
Here's the general process in Contra Costa County:
- Have a signed trust. The trust itself should be prepared with advice from an estate planning attorney.
- Pull your current deed for the exact names and legal description.
- Prepare a deed from the current owners to the trustee(s) of the trust, using the trust's exact name and date.
- Sign before a notary.
- Complete the PCOR. Contra Costa's Recorder requires a PCOR with most deeds; without one, there's an additional $20 fee. The PCOR includes a section for transfers into trusts, so the Assessor can see it's not a sale.
- Record the deed with the Contra Costa County Clerk-Recorder in Martinez and keep the recorded copy with your trust.
The Clerk-Recorder's staff are not allowed to give legal advice, so plan the wording and any tax exemptions before you go.
Will transferring my home to a trust raise my property taxes?
Generally, no. The State Board of Equalization's Rule 462.160 says a transfer of real property into a trust that the trustor can revoke is not a change in ownership. That means your Prop 13 base value usually stays the same.
Things change later, though. The same rule explains that a change in ownership can occur when a revocable trust becomes irrevocable (for example, after the trustor passes away), unless an exclusion applies, such as certain transfers between spouses or a qualifying parent-child transfer under Prop 19. That's a key planning point to discuss with your attorney and tax professional.
Homeowners' exemption: If you still live in the home as your principal residence, ask the Assessor to confirm your $7,000 homeowners' exemption stays in place after the transfer.
Fees to expect
- Recording fees based on the County's fee schedule and the number of pages.
- Documentary transfer tax: A transfer into your own living trust is typically not a sale; the exemption reason must be stated on the deed.
- SB2 fee: $75 per document (capped at $225 per transaction) unless an exemption applies. Ask the Recorder or your attorney whether an exemption fits your transfer.
Lender and insurance check
If you have a mortgage, let your lender know about the transfer. Also call your homeowners' insurance company and a title company to confirm the trust and trustees are properly reflected.
Karla's tips
- Check your title today. Pull your recorded deed and see whose name is on it. You may be surprised.
- Use the trust's exact name. Small differences in names or dates can cause problems later.
- Selling or refinancing later? Title companies will ask for trust documents. Keep a certification of trust handy.
- Document preparation. As a Registered Legal Document Assistant in Contra Costa County, I can prepare documents at your direction. I'm not an attorney and can't give legal advice. For advice about your situation, talk to an attorney.
- En español. Many families feel more comfortable discussing estate plans in Spanish. Call (510) 677-8695.
En español: lo básico
Crear un fideicomiso en vida (living trust) no es suficiente; para que su casa quede dentro del fideicomiso, normalmente los dueños firman una nueva escritura a nombre de los fiduciarios, la notarizan y la registran en el Condado junto con el formulario PCOR. Según las reglas de impuestos de California, pasar la casa a un fideicomiso revocable generalmente no se considera un cambio de dueño, así que no suele causar una nueva tasación. Sin embargo, cuando el fideicomiso se vuelve irrevocable, pueden aplicar otras reglas. Consulte a un abogado sobre su situación; como Asistente de Documentos Legales registrada, puedo preparar documentos según sus instrucciones.
Sources
- California State Board of Equalization, Property Tax Rule 462.160 — https://www.boe.ca.gov/proptaxes/pdf/rules/Rule462_160.pdf
- California State Board of Equalization, Publication 29 — https://www.boe.ca.gov/proptaxes/pdf/pub29.pdf
- Contra Costa County Clerk-Recorder, Preliminary Change of Ownership Report — https://www.contracostavote.gov/recorder/recorder-forms/preliminary-change-of-ownership-report/
- Contra Costa County Clerk-Recorder, 2026 Recorder Fee Schedule — https://www.contracostavote.gov/wp-content/uploads/Recorder-Fee-Schedule-2026-UPDATED-2.pdf
- Contra Costa County Clerk-Recorder, SB2 Exemptions — https://www.contracostavote.gov/recorder/recording-fees/senate-bill-2/exemptions/
- Contra Costa County Clerk-Recorder, Recording Requirement FAQs — https://www.contracostavote.gov/recorder/recording-requirements/recording-requirement-faqs/
- Contra Costa County, New Property Owners — https://www.contracosta.ca.gov/568/New-Property-Owners
General information only, not legal, tax or financial advice. Rules and fees change; confirm with the County, the Board of Equalization, your tax professional or an attorney. Karla I. Vasquez is a REALTOR® and Registered LDA, not an attorney.