WrenfieldEstate Law

Property transfers

Does putting my house in a trust reassess my property taxes?

No. Transferring your own home into your own revocable trust is not a change in ownership, so it carries no property tax consequence at all.

No. This is the question that stops more people from funding their trust than any other, and the answer is a clean one: transferring your residence into your own revocable living trust is not a change in ownership for assessment purposes. Your assessed value does not move. Your tax bill does not move.

The reasoning is straightforward. A revocable trust you control, for your own benefit, has not changed who beneficially owns the property. You can revoke it tomorrow. Nothing has really passed to anyone.

So there is no reason to leave it undone

And leaving it undone is expensive. Signing a trust does not move the house into it. A trust transfer deed has to be prepared and recorded with the county, and until it is, the property will go through probate whatever the trust says.

This is the single most commonly skipped step in an estate plan and the most costly one to skip, because the failure is invisible for years and then discovered by the people least equipped to deal with it.

File the paperwork that goes with the deed

A deed alone is not the whole of it. A preliminary change of ownership report accompanies the recording, and it is where the exclusion is claimed. A transfer recorded without the right form attached can generate a reassessment notice that then has to be argued away — the same result in the end, after a letter-writing campaign that was entirely avoidable.

Two related situations

A house bought after the trust was signed. The trust does not reach forward to catch it. New purchase, new deed.

A refinance. Lenders frequently require title to come out of the trust to close, and putting it back afterwards is somebody's job. Frequently nobody's. If you have refinanced since you signed your trust, check the vesting on the current deed before you assume anything.

What is genuinely different

Transfers to other people — to a child, for instance — are a different question entirely, and there the reassessment rules matter a great deal. That is worth its own conversation, and worth having before the deed rather than after the next tax bill.

The work behind this

Putting real property in a trust

The single most commonly skipped step in an estate plan, and the most expensive one to skip.

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