What Type of Deed Do I Need to Transfer Pennsylvania Real Estate Into a Living Trust? | Pennsylvania Probate | FastCounsel
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What Type of Deed Do I Need to Transfer Pennsylvania Real Estate Into a Living Trust?

What type of deed do I need to move property into a living trust? - Pennsylvania

The Short Answer

In Pennsylvania, real estate is typically moved into a revocable living trust by signing and recording a deed that transfers title from you (as an individual owner) to you (or another person/entity) as the trustee of your trust. The “right” deed depends on how you currently hold title, whether there is a mortgage, and what transfer-tax and title-insurance issues may be triggered.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific property and trust is rarely simple. Legal outcomes often depend on:

  • Strict Deadlines: Trust and estate issues can become time-sensitive after death, including creditor-claim timelines that can affect trust assets and distributions. (See, for example, 20 Pa.C.S. § 7755.)
  • Burden of Proof: If the deed is drafted incorrectly (wrong grantee, missing trust references, execution/acknowledgment issues, or recording problems), you may later have to prove what was intended—often when it’s hardest (after incapacity or death). For related risks, see How Do Unrecorded or Unsigned Deeds Affect Probate Property Administration in Pennsylvania?.
  • Exceptions: Mortgages, due-on-sale clauses, transfer tax questions, title insurance requirements, and how you currently hold title (sole owner vs. joint owners vs. tenancy by the entireties) can all change what deed language is appropriate and whether additional consents or planning steps are needed.

Trying to handle this alone can lead to a deed that does not accomplish your goal, creates avoidable tax/title problems, or leaves the property outside the trust—meaning your family may still face probate or litigation later.

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.