A trust is a legal arrangement that allows you to transfer ownership of your assets—like your home—to a separate entity managed according to your wishes. It’s a powerful estate planning tool that helps avoid probate, maintains privacy, and ensures a smoother transition for your loved ones after you pass away.
For many families, a home is the most valuable asset they own—and the one most prone to complications if not properly protected.
As real estate expert Casey TeVault of Casey Buys Houses puts it, “it's the most overlooked and valuable asset that most people own or ever will own. So that's why it needs to be in a trust.”
This guide will walk you through how to put a house in a trust, answer common questions, and highlight special considerations—like what happens if you still have a mortgage.
What Does It Mean to Put a House in a Trust?
Putting a house in a trust means transferring its legal ownership from your name to the trust’s name. This doesn’t mean you lose control—in fact, with a revocable living trust, you can manage, sell, or refinance the property just as you always have.
There are two primary types of trusts:
Revocable trust: You can modify or cancel it at any time. Most commonly used for estate planning.
Irrevocable trust: Permanent and often used for tax or asset protection strategies.
Each trust involves key roles:
The grantor creates and funds the trust.
The trustee manages the trust.
The beneficiary receives the trust’s benefits, either during life or after the grantor’s passing.
In many cases, the homeowner will also name themselves as the trustee so that they can directly manage the trust during their lifetime. Their successor trustee, who must be named as such in the trust document, steps in and assumes the role upon the homeowners passing.
Should I Put My House in a Trust?
If you’re debating whether or not you should put your house in a trust, know that the answer is almost always “yes.” A Trust will protect your investment for future generations, but further, it removes the property from the probate process.
However, homeowners often hesitate or procrastinate because the traditional process of working with an attorney to execute trust documents can be costly and time-consuming.
Trust & Will’s has transformed the process into one that is simple and seamless, and at just a fraction of the cost.
Here are some specific advantages and disadvantages for you to consider:
Pros and Cons of Putting Your House in a Trust
Pros:
Avoid probate: This is the big one. As Casey explains, “Trusts save so much time, headaches, resources, and money in the long run.”
Maintain control: You can still refinance or sell the home (if it’s in a revocable trust).
Privacy: Trusts aren’t public record, unlike like wills that are filed in probate court.
Smoother inheritance: No courtroom drama. Clear direction for your family.
Cons:
Upfront cost: “Everyone knows their property should be in a trust, but no one actually puts it in a trust,” Casey says. “Why? It’s expensive. My friend talked to an estate planning attorney and they said it was going to be $4,000.”
Paperwork and updates: You’ll need to update your deed, insurance, and possibly re-title accounts. This is a detailed process with moving parts that requires document management and accuracy.
State-specific nuances: Some states have unique legal or tax rules to consider.
While working with an estate planning attorney often costs thousands of dollars, Trust & Will’s Trust Plan starts at just $499 and includes other important estate planning documents, such as Power of Attorney and health care documents. Our legal documents are state-specific, legally valid, and designed by attorneys. You’ll also have access to our network of trusted attorneys should you require one-on-one legal advice at any point of your estate planning journey. We partner with third party notarization and deed transfer services to help make the trust funding process seamless and efficient.
How to Put a House in a Trust: A Step-by-Step Overview
Want to know how transferring your home into a trust actually works? Here is a broad overview of the steps required. Note that the exact steps will vary depending on each individual’s unique circumstances.
Choose the right type of trust For most homeowners, a Revocable Living Trust offers flexibility and ease.
Work with an estate planning professional You can use a platform like Trust & Will to create a state-specific estate plan. Our Trust Plan includes a Revocable Living Trust and other comprehensive documents. Need extra support? Our Attorney Support prepaid legal service connects you with licensed experts in your area.
Draft the trust document This legally names your trustee(s), beneficiaries, and includes details of how your assets—including your home—will be managed.
Transfer the deed to the trust Use a new deed to formally transfer ownership. This is called “funding” the trust.
Update the deed with your county recorder Make sure your county has an official record of the new ownership.
Inform your mortgage lender (if applicable) Some lenders may require trust documentation for their records.
Update your insurance policies List the trust as an additional insured party or owner on your homeowner’s insurance.
Can You Put a House in a Trust If It Has a Mortgage?
Yes. You absolutely can.
Despite common fears, the due-on-sale clause typically isn’t triggered by transferring your home to a revocable trust. Most lenders understand this is part of estate planning—not a literal sale.
Steps:
Create your trust.
Draft and file a new deed showing the trust as the owner.
Notify your lender and insurer.
Continue making payments as usual.
What Happens to a House in a Trust After the Owner Dies?
Here’s what typically happens:
The successor trustee steps in and follows the trust’s instructions.
The property passes to the named beneficiaries, avoiding probate entirely.
The process is usually faster, cheaper, and less public than settling an estate via a will.
Casey shares, “I have two transactions right now. One in a trust, one not in a trust. The one in a trust? 60-day process. The one not in a trust? We’re on month seven. The siblings are at each other’s throats.”
Tax note: With a properly structured trust, beneficiaries often benefit from a step-up in basis, potentially saving them thousands in capital gains taxes.
How to Put a House in a Trust: Common Mistakes to Avoid
One of the most important precautions you can take to protect your investment is to make sure you not only put your house in a trust, but to do so correctly. Casey recommends watching out for these common mistakes and pitfalls:
Not funding the trust properly: Signing your trust doesn’t move your home into it. You have to update the deed.
Forgetting insurance updates: Add the trust as an additional insured party.
Not informing your mortgage company: It’s rare they care, but good to keep records clear.
DIY errors: A simple mistake on a deed can undo your hard work.
Outdated documents: “A lot can change in 20 years,” Casey warns. “It’s called a living trust because it’s alive with you. It’s changing.”
Is a Trust Right for You?
Putting your home in a trust is an act of care—for your family and your future. While there may be costs or legal steps involved, the long-term benefits far outweigh the short-term investment.
“Details matter,” Casey emphasizes. “And things change.”
If you’re ready to make sure your home—and your legacy—is protected, we’re here to help.
At Trust & Will, we keep things simple. You can create a fully customizable, state-specific estate plan from the comfort of your own home. Take our free quiz to see where you should get started, or compare our different estate planning and settlement options today!
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Trust & Will is an online service providing legal forms and information. We are not a law firm and we do not provide legal advice.
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