Yes. A quitclaim deed to a trust does avoid probate. When a person dies, the law requires that someone prove who gets their stuff. This process is called probate. The good news? A quitclaim deed to a trust can help you skip probate, which saves time, money, and stress. But it only works if you do it right.
About 56% of Americans believe probate costs under $1,000, but the actual cost runs between 3% and 7% of your total estate value. For a $500,000 estate, that means paying $15,000 to $35,000 in probate fees. The average probate process takes 6 to 12 months, or even 20 months in many cases.
What you’ll learn in this article:
- ✅ How a quitclaim deed to a trust blocks probate from happening
- ✅ Why a revocable living trust beats other probate-avoidance methods
- ✅ The differences between a quitclaim deed and warranty deeds
- ✅ What mistakes people make with quitclaim deeds and trusts
- ✅ How to fund a trust the right way
Understanding Probate and Why You Want to Avoid It
Probate is a court process that gets triggered when you die. A judge must verify your will is real, notify your heirs and creditors, inventory everything you own, pay your debts and taxes, and then distribute what’s left. It’s like a referee making sure all the rules are followed after you’re gone.
But this takes months and costs thousands of dollars. The court process requires filing paperwork, paying court fees, publishing notices in newspapers, getting property appraisals, and paying your attorney for every step. In California, for example, the fees are 4% on the first $100,000 of your estate value, then 3% on the next $100,000, and so on.
In New York, attorney fees alone can run $350 to $600 per hour. The problem with probate isn’t just the cost. It’s also the time. Your family must wait while strangers in black robes decide how to handle your property.
During this waiting period, your home sits frozen. Your children can’t sell it. They can’t rent it. They can’t even fix the roof without court permission. This delays life and creates stress when your family needs money most.
The federal government leaves probate to the states. There is no federal probate law that covers all Americans. Instead, each state writes its own probate rules. That means the probate process in California differs from Texas, which differs from New York.
Each state sets its own court fees, attorney costs, and timelines. But there’s a solution. Many people avoid probate altogether by using tools like quitclaim deeds to trusts, joint ownership, transfer-on-death deeds, and payable-on-death accounts.
What Is a Quitclaim Deed?
A quitclaim deed is a simple document that says: “Whatever I own in this property, I give to you.” That’s it. No promises. No guarantees.
No “I pinky swear this is mine.” The person giving away the property (the grantor) makes zero promises about whether they actually own it. Think of it like this: Sarah buys a house from Tom using a regular deed.
Tom says, “I own this house clear and clean.” Sarah is protected because Tom made a promise. But if Tom later quitclaims the house to his sister Mary, Tom says, “Whatever I have in this house, Mary gets it,” but makes no other promises. If there’s a hidden lien or another person who has a claim to the house, Mary gets stuck with the problem, and Tom won’t help fix it.
A quitclaim deed contains no warranty. That means the person getting the property has no legal protection. If they later discover problems with the property’s title (like another person claiming to own it), they can’t sue the grantor for help.
The grantor isn’t legally responsible. State laws differ for quitclaim deeds. Some states require notarization. Some require witnesses. Some require specific wording.
Federal Probate Law and How Quitclaim Deeds Fit In
Federal law doesn’t directly control probate. Instead, federal law lets each state run its own probate courts. Your state’s probate laws decide what property goes through probate and what doesn’t.
The key federal principle is simple: If you don’t own something when you die, it doesn’t go through probate. This is the entire reason a quitclaim deed works. If you quitclaim your house to your trust during your lifetime, you no longer own that house when you die.
You gave it away. So the house won’t go through probate. But here’s the catch. The property must be properly transferred to the trust during your lifetime, not after you die.
If you create a deed but wait to file it until after you die, it won’t work. Once you’re dead, you can’t authorize anything. The deed becomes worthless.
What Is a Revocable Living Trust?
A revocable living trust (also called an inter vivos trust) is a legal agreement you create while you’re alive. It works like this: You create a trust document. You appoint yourself as the “trustee” (the person managing the trust).
You name your beneficiaries (the people who get the stuff). Then you transfer your property into the trust using a quitclaim deed or other document. Because the trust holds your property during your lifetime, that property doesn’t go through probate when you die.
Your successor trustee (the person you named to take over after you’re gone) distributes everything to your beneficiaries immediately, without court approval. A revocable trust gives you complete control during your lifetime. You can revoke the trust anytime.
You can change who gets what. You can even sell property in the trust and put other property in. You’re not locked in. When you die, the trust becomes irrevocable (permanent).
Your successor trustee then follows the trust instructions and gives your property to your named beneficiaries.
Why a Revocable Trust Beats Probate
A revocable trust lets your beneficiaries skip the court process. They avoid 6 to 12 months of waiting. They avoid thousands in court fees.
They avoid judges making decisions about your stuff. The trust works because it’s a separate legal entity. When you put property in the trust using a quitclaim deed, the trust owns the property, not you.
When you die, the trust still owns the property. Because you don’t own it, the property doesn’t go through probate. The trust distribution rules kick in instead, and your successor trustee gives the property to your beneficiaries.
Federal probate rules don’t apply to property held in trust. The trust bypasses the probate court entirely. Your beneficiaries get the property weeks or months faster than they would through probate.
How a Quitclaim Deed Transfers Property to Your Trust
Transferring property into a revocable trust requires a new deed. Step 1: Create your trust document. Your attorney writes a trust agreement that names you as trustee and beneficiary during your lifetime.
It names your successor trustee and your beneficiaries. Step 2: Prepare a new quitclaim deed. The deed transfers your property from “John A. Smith, a married man” to “John A. Smith, trustee of the John A. Smith Revocable Trust dated January 1, 2025.”
The deed must describe the property using its legal description (not just the street address), list the county, and include the date. Step 3: Sign and notarize the deed. You must sign the deed in front of a notary public.
The notary verifies your identity and confirms you’re signing willingly. Step 4: Record the deed at your county recorder’s office. This updates the public land records and puts the world on notice that you now own the property as trustee of your trust.
This step is critical because it creates an official record. Step 5: Confirm your homestead exemption and title insurance remain intact. If you’re transferring your primary residence, notify your title insurance company.
Also check that your state’s homestead exemption (which protects your home from creditors) still applies. In Florida, the homestead exemption can remain intact if the deed reserves your homestead rights.
The Probate Process: What Happens Without Planning
If you don’t use a quitclaim deed to a trust, your property goes through probate when you die. First, someone files a petition with the probate court. A family member or your attorney asks the court to open a probate case.
This costs money in filing fees. Second, the court notifies your heirs and creditors. The court publishes notices in newspapers and mails notices to people listed in your will.
Creditors have a set time to make claims against your estate. Third, the court takes inventory of everything you own. Appraisers determine the value of your house, car, bank accounts, retirement accounts, and personal items.
Fourth, the probate court pays your debts. Any money you owed (credit cards, mortgages, medical bills) gets paid from your estate. Fifth, taxes are filed and paid.
Your executor files your final income tax return and any estate tax returns. Sixth, assets are distributed to heirs. After debts and taxes are paid, what’s left goes to the people named in your will.
This whole process takes 6 to 24 months in most cases. In California, it’s typically 9 to 18 months with a mandatory 4-month creditor claim period.
Comparing Quitclaim Deeds to Other Deed Types
Not all deeds work the same way. The type of deed you use matters because it changes what promises you’re making.
| Deed Type | What the Grantor Promises |
|---|---|
| General Warranty Deed | The grantor promises they own the property free and clear, no liens exist, title is good, and they’ll defend the grantee against any claims. This is the strongest promise. |
| Special Warranty Deed | The grantor promises only for problems that happened while they owned it. They promise nothing about problems that existed before they bought it. Weaker than a warranty deed. |
| Quitclaim Deed | The grantor makes no promises at all. They just transfer whatever they have (if anything). Weakest protection for the grantee. |
For example, if Tom sells a house to Maria using a general warranty deed, Tom promises there are no liens. If a lien shows up later, Maria can sue Tom. But if Tom uses a quitclaim deed to transfer the house to his sister Mary, Tom makes no promises.
If a lien shows up, Mary gets stuck with the problem and can’t sue Tom. When to use each: Use a general warranty deed when selling to a stranger or someone you don’t know well. They need protection.
Use a special warranty deed when you want to give some protection but not full protection. Used sometimes in business deals. Use a quitclaim deed when transferring to family (like a spouse or trust), to fix title problems, or to add someone to a title alongside you.
Quitclaim deeds are most commonly used to transfer real property to a living trust because you’re transferring from yourself to yourself (just in a different capacity as trustee).
Three Real-World Scenarios
Mary Wants to Avoid Probate for Her House
Mary owns a house worth $400,000. She has two adult children. She wants them to avoid probate when she dies.
| What Mary Does | What Happens Next |
|---|---|
| Mary creates a revocable living trust. She names herself as trustee and her two children as successor trustees. | Mary still controls the house completely during her lifetime. She can sell it, refinance it, or live in it. Nothing changes day-to-day. |
| Mary quitclaims her house to “Mary Smith, trustee of the Mary Smith Revocable Trust dated January 15, 2025.” She signs, notarizes, and records the deed at her county recorder’s office. | The house is now officially in the trust. The county land records show the trust owns it. Mary no longer owns it in her individual name. |
| Mary dies five years later. | Her children don’t need court permission to distribute the house. They follow the trust instructions. The house avoids probate entirely. |
| Mary’s children save money and time. | They save $12,000 to $28,000 in probate costs (3% to 7% of $400,000) and avoid 6 to 12 months of court waiting. |
Tom Gifts Property to His Sister Using a Quitclaim Deed
Tom owns a house worth $300,000. He wants to gift it to his sister Jane during his lifetime. He’s not concerned about probate right now because he’s healthy.
| What Tom Does | What Happens Next |
|---|---|
| Tom prepares a quitclaim deed transferring the house to Jane. He signs, notarizes, and records it. | Jane is now the owner. Tom no longer owns the house. Tom can’t change his mind later without Jane’s permission. |
| Tom made a gift. The gift value is $300,000. | Tom must file IRS Form 709 (gift tax return) because the gift exceeds the annual exclusion of $18,000 per person in 2024. |
| Tom doesn’t owe gift tax unless his total lifetime gifts exceed $12.92 million (the lifetime exemption amount in 2024). | Tom reports the gift but pays no tax. The $300,000 counts against his lifetime exemption. He has $12.62 million left before he’d owe tax. |
| Tom no longer owns the house, so it won’t go through his probate when he dies. | Jane owns it free and clear. When Tom dies, the house isn’t part of his estate. His other heirs get nothing from this house. |
Rachel Quitclaims Property to Her Trust but Wants to Keep Using It
Rachel owns rental property worth $500,000. She quitclaims it to “Rachel Johnson, trustee of the Rachel Johnson Revocable Trust dated September 1, 2025.” She continues to collect rent, pay the mortgage, and manage the property.
| What Rachel Does | What Happens Next |
|---|---|
| The deed is recorded. Rachel remains the beneficiary of the trust and the trustee. | Rachel still controls the property completely. She can sell it, refinance it, or take out a new mortgage. Nothing changes operationally. |
| Rachel has the right to use and manage the property for her lifetime as stated in the trust document. | The tenants keep paying rent to Rachel. The bank still sends the mortgage bill to Rachel. Everything continues as normal. |
| The property is now in the trust. | When Rachel dies, the property passes to her named beneficiaries according to the trust. The rental property avoids probate. |
| Rachel’s beneficiaries can continue collecting rent or sell the property without court approval. | They don’t need to wait 6-12 months. They don’t need to pay $15,000-$35,000 in probate costs. They take control immediately. |
Advantages and Disadvantages of Using Quitclaim Deeds to Trusts
| Advantages | Why It Matters |
|---|---|
| Avoids probate | Saves 6-12 months of court time and $15,000-$35,000 in court costs. |
| Fast transfer to beneficiaries | Beneficiaries get property immediately or within weeks, not months. |
| Privacy | Trust distributions are private. Probate is public record. |
| Easy to manage multiple properties | If you own property in multiple states, using a trust avoids having to probate in each state. |
| Maintains control during life | You keep full control of the property while you’re alive. You’re the trustee. |
| Can be changed anytime | You can revoke or amend the trust before you die. |
| Disadvantages | Why It Matters |
|---|---|
| Upfront cost | Creating a trust costs $1,500-$3,000 (or more if complex). This is more expensive than a simple will initially. |
| Must remember to “fund” the trust | If you forget to transfer property to the trust, it still goes through probate. Many people set up trusts but forget to fund them. |
| Quitclaim deed offers no title protection | A quitclaim gives no guarantees. If title problems exist, the grantee is stuck. |
| May void title insurance | Transferring with a quitclaim deed might void your existing title insurance policy. You may need to buy new coverage. |
| Must be maintained | You must track which property is in the trust and which isn’t. This requires attention. |
| Medicaid complications | If you quitclaim property within 5 years of applying for Medicaid, the transfer counts against you and may disqualify you. |
| Gift tax reporting | If you gift property worth more than the annual exclusion, you must file a gift tax return (though you may not owe tax). |
| Doesn’t avoid probate for the last person | When your successor trustee dies, unless they also used a trust, their property goes through probate. |
Mistakes to Avoid
Forgetting to Quitclaim Property Into the Trust
Many people create a beautiful trust document but forget to actually transfer their property into it. The trust sits empty like a house with no furniture. When they die, all their property goes through probate anyway because it’s still in their individual name.
The consequence: You spent $2,000 creating a trust. Your family still pays $20,000 in probate costs because the trust was never funded. All that planning was wasted.
The fix: Make a list of all your property (house, rental property, investment accounts, etc.). Quitclaim each one into the trust. Check the list twice.
Using a Quitclaim Deed Without Checking Title Insurance
Sarah quitclaims her house to her trust using a quitclaim deed. She didn’t know that her title insurance might not cover the transfer. Years later, someone claims they have a lien on the house.
Sarah’s title insurance won’t help because the quitclaim deed voided her coverage. The consequence: Sarah must hire an attorney and spend $15,000 fighting the lien claim. Her title insurance, which she paid for, offers no help.
The fix: Before using a quitclaim deed, contact your title insurance company. Ask if the transfer will void your policy. If it will, consider buying new title insurance.
Or ask about using a warranty deed instead (though this is less common for trusts).
Quitclaiming Property to Avoid Probate Without Thinking About Gift Tax
Bob quitclaims his vacation home (worth $250,000) to his son without notifying the IRS. Bob thinks because he’s not selling it, there are no tax consequences. The consequence: Bob violated federal law by not filing a gift tax return.
The IRS can impose penalties of $10,000 or more for failure to file. And if Bob applies for Medicaid within 5 years, the gift counts against him. The fix: Bob must file IRS Form 709 to report the gift, even though he might not owe tax.
Failing to file when required can result in penalties.
Not Updating the Trust When Things Change
Susan creates a trust and puts her house in it. Then she gets divorced. Then she remarries.
She never updates her trust to name her new spouse as beneficiary. When Susan dies, her ex-spouse (who is still named in the trust) might have rights to the property. The consequence: Susan’s new spouse gets nothing.
Her ex-spouse inherits the house. Her family fights in court for years. The fix: Review your trust every few years, especially after major life changes (divorce, remarriage, birth of children, death of named beneficiaries).
Trying to File a Quitclaim Deed After Death
Frank’s attorney tells him he’ll create a quitclaim deed and file it after Frank dies to keep the property out of Frank’s probate. Frank dies. Now his attorney tries to file the deed, but it’s too late.
Frank no longer owns the property, and the deed doesn’t have proper authorization to transfer property Frank doesn’t own anymore. The consequence: The property goes through probate anyway. Frank’s family pays full probate costs.
The attorney’s plan failed completely. The fix: Quitclaim deeds must be signed and filed while the grantor is alive. You can’t fix probate problems after death using this method.
State-Specific Details and Nuances
Quitclaim deed rules vary significantly by state. California requires a “Preliminary Change in Ownership Form” filed with your county assessor’s office when the deed is recorded. California also has a 5-year statute of limitations on certain quitclaim deed challenges in some circumstances.
California probate typically takes 9-18 months and costs 3-7% of the estate. New York requires “Form TP-584” submitted with your quitclaim deed. If the property is in New York City, you also need “Form RP-5217NYC.”
If the property is outside New York City, you need “Form RP-5217.” New York allows “Transfer on Death Deeds” for real property as of July 19, 2024, which can avoid probate without needing a trust. Texas allows quitclaim deeds but also recognizes “transfer on death deeds.”
Texas probate costs are typically 3-7% of the estate value. Florida recognizes quitclaim deeds for trusts. When you transfer your homestead (primary residence) to a trust using a quitclaim deed, special language must reserve your homestead rights to keep your homestead exemption intact.
This prevents the property appraiser from removing your exemption. Ohio requires the quitclaim deed to state the grantor’s marital status and their spouse’s name (if applicable). It also must list the county where the grantor lives.
Ohio doesn’t require notarization, which is unusual. Indiana requires notarization of the quitclaim deed and a specific statement about Social Security redaction. Massachusetts treats quitclaim deeds differently than other states.
In Massachusetts, a quitclaim deed requires the grantor to defend against legal claims that arose during the grantor’s ownership. This makes it more like a special warranty deed than a true quitclaim. New Mexico requires notarization and a physical property description (not just the street address).
A recording fee of $25 applies.
Comparing Probate Avoidance Methods
Not every probate avoidance method works the same way.
| Method | How It Works | Best For |
|---|---|---|
| Revocable Trust + Quitclaim Deed | You put property in a trust using a deed. Trust distributes at your death. Avoids probate. Privacy. Control during life. Easy to change. Works for multiple states. | People with substantial estates, multiple properties, or complex family situations. |
| Joint Tenancy with Right of Survivorship | Two people own property together. At one person’s death, the other automatically owns it all. Fast. Cheap. No probate for surviving owner. But probate still needed when last owner dies. | Married couples or partners who want simple, immediate transfer. Not ideal for passing property to children or multiple heirs. |
| Payable-on-Death (POD) / Transfer-on-Death (TOD) Accounts | You name a beneficiary on a bank or brokerage account. They inherit it automatically at your death. Simple. No probate. But not available for all assets or in all states. | Bank accounts, brokerage accounts, and investment accounts. Doesn’t work for real estate in most states. |
| Transfer-on-Death Deed (TOD Deed) | You record a deed naming who gets the property at your death. Simpler than a trust. No probate for real estate. But not available in all states. | People in states that allow TOD deeds who want a simple way to pass one property. Not ideal for complex estates. |
| Lady Bird Deed / Enhanced Life Estate | You deed property to someone else but keep the right to live there and sell it during your lifetime. Avoids probate. You keep control. Medicaid planning benefits possible. But not available in all states. Complex document. | People concerned about Medicaid estate recovery. Only available in Florida, Michigan, Texas, Vermont, and West Virginia. |
Title Insurance and Quitclaim Deeds
Title insurance is a big issue with quitclaim deeds. Title insurance protects you against problems with the property’s title (like someone else claiming to own it). But a quitclaim deed often voids your existing title insurance.
Here’s why: Title insurance policies often have a “continuation of coverage” condition. This condition says the insurance only stays in force if the owner still has some responsibility for the property. When you use a quitclaim deed, you give up all responsibility.
You make no promises to the new owner. So the title insurance company says, “We’re done. Coverage ends.” What this means in real life: You own a house.
You have title insurance. You quitclaim the house to your trust. Your title insurance might automatically stop covering you because you no longer own the property (the trust does).
If a title problem shows up later, the insurance won’t help.
The Fix for Title Insurance Problems
Before using a quitclaim deed, call your title insurance company. Ask if the transfer will void your policy. If it will, ask about buying a new policy or using a warranty deed instead.
Some title insurance companies will issue a new policy for a small fee. Others might require a new underwriting process. Many attorneys recommend using a special warranty deed instead of a quitclaim deed when transferring to a trust.
This preserves some warranty protection and may keep your title insurance intact.
Medicaid Planning and Quitclaim Deeds
Medicaid is a government program that pays for nursing home care and long-term health services. To qualify, your assets must be below a certain limit (which varies by state). Many people think, “I’ll quitclaim my house to my child, lose my assets on paper, and then Medicaid will pay for my nursing home care.”
This doesn’t work because of the 5-year look-back period. Medicaid looks back 5 years from the date you apply. Any property you transferred during that 5-year window counts against you as if you still own it.
If you transferred a $300,000 house 3 years ago, Medicaid counts it as $300,000 in your assets. You must spend that $300,000 on care before Medicaid will help.
The Penalty for Improper Transfers
If you transfer property within the look-back period without getting fair market value in return, Medicaid imposes a penalty. You become ineligible for Medicaid benefits for a certain period of time. The penalty period is calculated by dividing the value of the transferred property by the average monthly cost of nursing home care in your state.
For example, if you transferred a $300,000 house and nursing home care costs $10,000 per month in your state, you’d be ineligible for 30 months ($300,000 ÷ $10,000). During those 30 months, you must pay for your own care. If you can’t afford it, you’re stuck.
The fix: If you’re thinking about Medicaid planning, work with an elder law attorney who specializes in Medicaid. They can advise you on the 5-year rule and help you transfer property at the right time.
Challenging and Reversing Quitclaim Deeds
Can a quitclaim deed be reversed or challenged? Yes, but it’s difficult. The person challenging the deed has the burden of proof.
Possible reasons to challenge a quitclaim deed include forgery (someone else forged the grantor’s signature). You’d need to prove that both the signature and notary are fake. Undue influence means the grantor was coerced into signing against their will.
For example, an adult child pressures an elderly parent to sign a quitclaim deed because the parent is confused or vulnerable. Mental incompetence means the grantor lacked the mental capacity to understand what they were signing. You’d need medical records or testimony showing the grantor had an unstable mental state.
Fraud means someone lied to the grantor about what the document was or what it did. Lack of proper execution means the deed wasn’t notarized when required, wasn’t signed, or violated state-specific requirements.
Real Court Case: Undue Influence in Florida
In Florida, a man named McDaniel signed a quitclaim deed transferring two properties to his daughter. Later, McDaniel sued, claiming he was a victim of undue influence because his daughter pressured him. The Florida court ruled against McDaniel.
The court said McDaniel was presumed to have the mental capacity to sign the deed, and he didn’t prove otherwise. The daughter wasn’t shown to have used duress, fraud, or coercion. The deed stood.
To reverse a quitclaim deed, the person filing the lawsuit must prove one of these problems existed. If they succeed, the court may set aside the deed. If the other person doesn’t want to cooperate, you must prove fraud, forgery, or undue influence to a judge.
Just saying, “I changed my mind,” won’t work. The longer a quitclaim deed sits on record, the harder it is to challenge. You should file a lawsuit as soon as possible if you believe the deed was wrongfully obtained.
Step-by-Step Process for Creating and Recording a Quitclaim Deed to a Trust
Step 1: Prepare the Trust Document
Work with an attorney to create your revocable living trust. The trust names you as grantor and trustee. It names your beneficiaries and your successor trustee.
The trust document must be detailed and state how property will be distributed at your death. Create the trust document. Have the attorney provide you with a certified copy showing the trust name and date.
Your trust document is ready to receive property. Without this first step, you have nowhere to transfer the property.
Step 2: Identify the Property and Get Its Legal Description
Find the legal description of your property. This is not your street address. The legal description is found on your deed or property tax statement.
Call your county recorder’s office and ask for the legal description. Or look at your property deed. You now have the exact wording needed for the quitclaim deed.
Using the wrong description means the deed fails and the property isn’t transferred.
Step 3: Prepare the Quitclaim Deed
Draft a deed that transfers the property from you to you as trustee. The deed must include: your name as grantor, your name as trustee as grantee, the complete trust name and date, the legal property description, the county where the property is located, the date of transfer, and consideration (the price paid, or if a gift, state “for natural love and affection” or a small amount like $1). Work with an attorney to prepare the deed.
Or use a state-specific quitclaim form from a legal forms website. Make sure the form complies with your state’s requirements. You have a proper deed that will be accepted for recording.
Step 4: Sign and Notarize the Deed
Sign the deed in the presence of a notary public. The notary will verify your identity and confirm you’re signing willingly. Schedule an appointment with a notary.
Bring photo ID. Sign the deed. The notary stamps and signs it.
The deed is now officially notarized. Most recording offices require notarization before they’ll accept the deed.
Step 5: Record the Deed at Your County Recorder’s Office
Take the notarized deed to your county recorder’s office (also called the county clerk or county assessor in some states). File the deed. Pay the recording fee (varies by county, usually $25-$50).
The deed is now part of the official public record. This creates a chain of title showing the trust owns the property. The property is now officially in the trust.
Step 6: Update Your Property Tax Records and Notify Your Title Insurance Company
Contact your county assessor to update property tax records. Notify your title insurance company of the transfer. Call your county assessor.
Call your title insurance company. Property tax bills come to the correct person. Your title insurance company knows about the transfer and can advise you about coverage.
Step 7: Repeat for Each Property
If you own multiple properties, repeat Steps 2-6 for each one. Create separate deeds for each property. Record each one.
All your real estate is now in the trust and will avoid probate.
Do’s and Don’ts for Quitclaim Deeds and Trusts
Do’s:
- Do create a proper revocable living trust before transferring property. Don’t try to transfer property into a trust that doesn’t exist or is improperly drafted.
- Do use the trust’s complete legal name and date on the quitclaim deed. Mistakes here mean the transfer fails.
- Do have the quitclaim deed notarized. This is required in most states.
- Do record the deed with the county recorder. Recording is what makes the transfer official.
- Do notify your title insurance company before transferring property. They can tell you if coverage will be affected.
Don’ts:
- Don’t try to avoid probate by using a quitclaim deed without putting the property in a trust. Transferring to a person (instead of a trust) creates other problems, like the person having full control and your property being subject to their creditors.
- Don’t use a quitclaim deed if you’re selling to a stranger. Use a warranty deed to protect the buyer. Quitclaim deeds create distrust and title insurance problems.
- Don’t forget to actually transfer property into the trust. Many people create trusts but forget to fund them. The property still goes through probate.
- Don’t wait until after you’re sick or dying to transfer property. People might claim you lacked capacity or were coerced.
- Don’t assume all quitclaim deeds are the same across states. Requirements differ.
FAQs About Quitclaim Deeds and Trusts
Does a quitclaim deed to a trust avoid probate?
Yes. A quitclaim deed transfers property to a trust during your lifetime. When you die, the trust owns the property, not you. Probate doesn’t apply.
What’s the difference between a quitclaim deed and a warranty deed?
A quitclaim deed makes no promises about the property. A warranty deed guarantees the property is yours and is free of liens. Use warranty deeds when selling to strangers.
Do I have to file a quitclaim deed while I’m alive?
Yes. The deed must be signed, notarized, and recorded before you die. You cannot authorize a transfer after you’re dead. Filing after death won’t work.
Will my property taxes go up if I quitclaim my property to my trust?
Usually not. Most states don’t change property taxes when you transfer property to your own revocable trust because you still control it and beneficial ownership hasn’t changed.
Can a quitclaim deed be reversed?
Only if proven invalid. You must prove forgery, undue influence, mental incapacity, or fraud. Simply changing your mind isn’t enough. The longer it sits, the harder to challenge.
What happens if I create a trust but forget to quitclaim my property into it?
Your property still goes through probate. If property remains in your individual name, it must be probated. The trust only affects property actually transferred into it.
Does a quitclaim deed void my title insurance?
Possibly. Title insurance often terminates when you transfer property using a quitclaim deed because the deed contains no warranties. Call your title insurance company before transferring.
How much does it cost to create a trust and quitclaim property into it?
$1,500 to $3,000 for the trust and deed preparation. Plus recording fees ($25-$50 per property). Saves $15,000-$35,000 in probate costs later.
If I gift property using a quitclaim deed, do I owe gift tax?
Not immediately. Gifts up to the annual exclusion ($18,000 per person in 2024) don’t require tax. Larger gifts require you to file Form 709 with IRS.
Can I use a quitclaim deed to avoid Medicaid look-back rules?
No. If you quitclaim property within 5 years of applying for Medicaid, the transfer counts against you. Medicaid will disqualify you until sufficient time passes.
What if I die before I finish transferring all my property to the trust?
The untransferred property goes through probate. Only property actually transferred to the trust avoids probate. You must transfer each property individually.
Are there state-specific rules I should know about?
Yes. Every state has different requirements for quitclaim deeds. Some require notarization, some don’t. Some require witnesses. Research your state’s rules or work with attorney.
Can I still sell my house after I quitclaim it to my trust?
Yes. As trustee of your revocable trust, you have full power to sell, refinance, or mortgage the property. You maintain complete control during your lifetime.
What happens to my mortgage when I quitclaim my house to my trust?
The mortgage stays. The loan doesn’t disappear. You’re still responsible for payments. Most lenders won’t call the loan due if you transfer to your own revocable trust.
Do I need an attorney to create a quitclaim deed?
Not always required, but highly recommended. Mistakes in the deed can void the transfer. An attorney ensures the deed meets your state’s requirements and protects your interests.
Related reading
- Can I Quitclaim Assets To A Trust? (w/Examples) + FAQs
- Can I Quitclaim Inherited Property Before Probate?
- Can You Use a Trust to Avoid Probate? (w/Examples) + FAQs
- How Much Does Probate Actually Cost? (w/Examples) + FAQs
- What Happens When a Property Goes Into Probate? (w/Examples) + FAQs
- Does a Last Will and Testament Avoid Probate? (w/Examples) + FAQs
- Tax Consequences of a Quitclaim Deed Explained (w/Examples) + FAQs