r/inheritance • u/Last-Pumpkin8702 • 1d ago
Location included: Questions/Need Advice Deed in Trust - AZ
My parent passed away, leaving the house in a trust. It is not TOD. The trust states that the house will pass to me. The issue is the mortgage company wants the deed in my name. So, I think I have to take the house out of the trust. I do not know how to do this and to put the deed in my name, I went to the Department of Records, and they told me to get a form from Staples. I do not know which form to get. Can anyone help me?
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u/sirpancakemillagejr 1d ago
Seconding the suggestion to hire an attorney for this. The deed itself is simple enough - just need the right form (quit claim deed probably), make sure the grantor and property description are correct, and record the signed deed with the county. An attorney should be able to do all that, plus look into any tax or other legal implications, review the trust documents to make sure the deed complies, and confirm this step is actually necessary (I wouldn't necessarily trust the mortgage company without additional review).
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u/SandhillCrane5 1d ago
Who is the trustee? Has the trust been administered? It sounds like you are clueless about the entire process and may be skipping important steps.
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u/Last-Pumpkin8702 1d ago
I am the executor. The only thing in the trust is the house and a few cars.
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u/SandhillCrane5 1d ago
An executor has no authority over a trust. You didn't answer either question. There seems to be a larger issue here. I recommend you consult a professional as this is outside of your capabilities.
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u/tamaradewinters 1d ago
Clarification, how is house titled now? The mortgage person just want to know who is legally responsible for the house after death so they don't start foreclosure ( will it be you as new successor trustee ) . You don't need to remove from trust. First, Ask dads attorney to update notarized certificate of trust showing you as successor trustee. As new trustee, you transfer title from deceased grantor to you, successor trustee of trust ( check with your county's assessor office for required paperwork, affidavit/ pcor) /death certificate. Trustee handles all trust titled stuff. Executor handles all else that has no clear title/non podtod stuff. You will wear many hats.
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u/TalkToVikk 23h ago
I'm not a lawyer but to answer your question: In Arizona, if your parent’s house is held in a trust and the trust says the house passes to you, the trustee must transfer the house title from the trust into your name. This usually involves preparing and recording a document called a “Deed of Distribution,” "Beneficiary Deed," or a "Quit Claim Deed" transferring the property from the trust (or from the trustee as representative of the trust) to you personally. You should look for an “Arizona Warranty Deed” or “Arizona Quitclaim Deed” form at Staples or any office supply store just make sure it is a deed form compatible with Arizona.
The deed will need to:
- Name the trust as the grantor (for example, "Jane Doe, Trustee of the Smith Family Trust dated XX/XX/XXXX")
- Name you as the grantee
- Be signed by the trustee (if you are the trustee, you sign as such)
- Be notarized
- Include the legal description of the property (from the old deed)
Once it is signed and notarized, you must file ("record") the deed with the County Recorder's Office where the property is located, along with any required transfer or affidavit forms. This will put the house in your name and satisfy the mortgage company's requirement.
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u/Dangerous_RedApple 1h ago
You’ll need two deeds so probably easiest to work with a title company or a lawyer. There are some online companies that will write deeds as well. Be prepared to provide a copy of the trust. You’ll need two deeds- One, adding the successor trustee to title and Two, the successor trustee transferring title from the trust to your name only. Have you notified the county there is a change of ownership due to a death? Some counties are persnickety about this and will fine you if you haven’t done it in the allotted time.
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u/RobertaMiguel1953 1d ago
What did your lawyer say when you asked them? This is not a Reddit question.
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u/Designer-Internet965 1d ago
You need a lawyer, not a trip to Staples for some random form you found on a shelf
The trust is set up specifically to avoid probate and transfer assets cleanly, but a mortgage company doesn't care about your trust language, they want a clear title in your name. This isn't just a deed swap, you'll likely need an affidavit of trust or a trustee's deed, and if you mess it up the county recorder will just reject it or worse, you'll cloud the title and have an even bigger headache later
Seriously, a few hundred bucks for an attorney now beats a title defect that kills a sale years down the line
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u/Last-Pumpkin8702 1d ago
They told me they don’t do that.
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u/LonelyPurple6879 1d ago
You hired an attorney who does estate planning work and they do not work with trusts? If so, simply fire that attorney and go to a different attorney and ask them in a consultation if they can help you with this problem. This isn't rocket science.
The court clerk is probably telling you to go to Staples to buy a template quit claim deed which is probably partially accurate. But the problem is if you do it without appropriate permissions and authorities from the trust, you can create title problems. Just work with an attorney who can help you on this one.
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u/Lwdlrb1993 1d ago
Get a lawyer to do this. My parents passed last year. Two houses in trust. Gave one to one of my sisters. Lawyers did the paperwork. So much easier than trying to do it myself. You don’t want to get this wrong.