How to Transfer Property From a Trust to Individuals in California

By Andrew Mayfair J.D.
Transfer Property From a Trust to Individuals in California

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A trust is a legal instrument that permits the management of property by a third-party trustee. A trustee can either be an individual or a business entity, such as a bank. The trustor is the person that creates the trust and is the beneficial owner of the trust. The beneficiary is a party that will benefit from the trust by way of income or principal payments. California trusts may be constructed so that the trustor, trustee and beneficiary are the same individual. A trustee has the power to transfer property out of the trust.

Real Property Transfer

Visit your local law library and obtain a grant deed legal form. Law libraries are usually found in courthouses. If you cannot access a law library, download a a grant deed from the Public Legal Forms website (see Resources link). Fill out the grant deed with the name of the party to whom you are transferring the real property. Insert the name of the trust as the current owner of the property. Insert the legal description of the real property. The legal description of the real property must also be described in the grant deed. The legal description of the property can be found at the county recorder's office.

Sign and date the grant deed as the trustee of the trust. If you are the trustor or beneficiary, and not the trustee, request that the trustee sign the grant deed.

Ask a notary public to notarize the grant deed. The notary public will sign and stamp your grant deed. Upon notarization, your transfer will go into effect.

Personal Property Transfer

Obtain a legal form for a contract for the exchange or sale of personal property from your your local law library. Law libraries are usually found in courthouses. If you cannot access a law library, download a contract to sell personal property from the Public Legal Forms website (see Resources link). Fill in the written contract with the name of both the trust and the third party. Write down the consideration of the transfer. The consideration is the property being transferred and the money or property given in exchange.

Sign and date the contract as the trustee of the trust or request the trustee to sign the contract. Ask the third party to sign and date the contract.

Ask a notary public to notarize the grant deed. The notary public will sign and stamp your grant deed. Upon notarization, your transfer will go into effect.

About the Author

Andrew Mayfair has written professionally since 2009 when his article on patent law was published in the "Loyola of Los Angeles Entertainment Law Review." Mayfair earned his Bachelor of Science in biochemistry from the University of California, Davis and his Juris Doctor from the University of the Pacific, McGeorge School of Law.

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