How to Transfer Assets to Your Revocable Living Trust

If you’ve created a revocable living trust, funding it properly is just as important as drafting it. Assets not titled in the name of your trust may still be subject to probate—exactly what your trust is designed to avoid.

Here’s how to handle the most common types of assets.

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You Are Responsible for Keeping Your Trust Funded

No one else—not the attorney, not the bank, not your trustee—can do this for you unless you direct them.

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Real Estate

To transfer real property:

• Prepare a new deed naming your trust as owner.

• Make sure the grantor’s name matches the prior deed exactly.

• Include the full legal description (not the street address).

• Record the deed with the county recorder.

Don’t forget:

• Include the property’s parcel number (check your tax bill).

• Let your insurance carrier know about the transfer.

• Contact your title insurer to confirm whether any policy changes are needed.

• If refinancing, be sure the title company re-records the deed back to the trust afterward.

Buying a new home? Tell escrow you want the title vested in your trust. Provide a copy of your Certificate of Trust if asked.

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Bank Accounts and Safe Deposit Boxes

To retitle accounts:

• Bring your Certificate of Trust to the bank.

• Sign new signature cards as trustee.

• You don’t need new checks unless your account number changes.

Open new accounts directly in the trust’s name. Do the same for any safe deposit boxes to ensure your trustee can access them.

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Securities (Stocks and Bonds)

Privately Held Stock:

• Surrender the old certificates.

• Issue new ones to the trust.

• Corporation consent may be required.

Publicly Traded Stock:

• Contact your broker or plan provider.

• Send your Certificate of Trust.

• If mailing stock certificates, use certified mail.

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Partnerships and LLCs

Partnerships:

• Get written consent if required.

• Execute a formal assignment.

• Title future acquisitions in the name of the trust.

LLCs:

• Assign your membership interest to the trust.

• Check the operating agreement—consent may be required.

• Provide a Certificate of Trust if asked.

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Business Interests and Sole Proprietorships

Use an “Assignment of Business Interest” form to transfer ownership to your trust.

Be aware:

• Some licenses or permits may not transfer.

• Franchise agreements may require franchisor approval.

Talk with a lawyer before transferring anything complex.

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Retirement Accounts (IRA, 401(k), Keogh)

These accounts stay in your name and Social Security number.

To avoid probate but control distribution:

• Consider naming your trust as the beneficiary.

• Discuss with a tax advisor before changing any designations.

• For married couples, the spouse is often primary beneficiary, with the trust as contingent.

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Life Insurance and Annuities

If you want the proceeds to pass according to your trust:

• Contact your carrier.

• Complete a Change of Beneficiary form naming the trust.

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Oil, Gas, and Mineral Rights

These often require two steps:

1. Record a deed for the real property interest.

2. Send the recorded deed to the lessee (if there’s a lease).

Expect complications. Consider professional help.

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Digital Assets

These are covered by your Assignment of Personal Property.

Still, you should:

• Keep a written list of all accounts and passwords.

• Store it securely.

• Tell your trustee where to find it.

• Provide instructions (e.g., close social media or preserve photo libraries).

Update this list annually.

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Intellectual Property

Patents, copyrights, royalties, and trademarks can usually be transferred with a notarized assignment.

If the value is high, consult with a lawyer who works in that area.

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Motor Vehicles, Boats, RVs

These are covered by your Assignment of Personal Property. You don’t need to retitle them at the DMV.

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Mobile Homes

Contact the registration authority that issued your title. Request guidance on retitling the home in your trust.

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Household and Personal Property

Use your “Assignment of Personal Property” to transfer:

• Furniture

• Jewelry

• Art

• Collections

• Other tangible assets

This covers both what you own now and anything you acquire in the future.

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Avoid Holding Assets in Joint Tenancy

Joint tenancy assets bypass your trust entirely.

• They may frustrate your estate plan.

• They could lead to tax complications.

• Limit joint ownership to small accounts and vehicles, if at all.

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Final Reminder:

Review your assets annually.

When you acquire something new—ask yourself:

Should this be titled in my trust?

If you’re not sure, ask your attorney or financial advisor. Keeping your trust properly funded protects your loved ones and avoids unnecessary court involvement.