Notary and County Recorder Info


Is it necessary to transfer my Real Property to my Living Trust’s name?

Yes. Once your Living Trust has been prepared and signed, it is ready to be “funded” with your real property. Funding your Living Trust is the process of transferring real property from you to your Living Trust. To do this, you physically change the title of your real property from your individual name (or joint names, if married) to the name of your Living Trust. To change title, a new “Trust Transfer Deed” or “Grant Deed” will need to be prepared and filed at the County Recorder’s office.

How do I transfer my Real Property to my Living Trust?

Quick Steps:

  • Living Trust created
  • Deed(s) prepared
  • Record Deed(s)
  • Living Trust funded

Detailed Steps:

  • Create a Living Trust through Living Trust Express and have it signed and notarized.
  • Living Trust Express will prepare a “Trust Transfer Deed” or “Grant Deed” titling your property into the Living Trust’s name.
  • Your signature(s) on the Deed(s) must be notarized.
  • You will be required to “Record”the deed(s) with the County Recorder’s office.NOTE: A file fee (not a tax) will be required to record/file the deed(s). Typical Recorder’s fees range from $10 to $35 per deed depending on the State, County and # of pages being recorded.
  • Your signature(s) on the Deed(s) must be notarized.
  • Living Trust Express will prepare your deed(s) according to the Recorder’s specifications and provide details as to the required recording fee and where to file. NOTE: You may contact the County Recorder’s office or visit Deeds.com for recording requirements and recorder’s fees.
  • Once your deed(s) are recordedwith the County Recorder, the Living Trust is funded with your real property. NOTE: The County Recorder’s offices typically take a few weeks to a couple of months (in larger Counties like Los Angeles) to mail your recorded documents back to you.

 

How do I get my documents notarized?

Once your documents are prepared (other than your Will(s). the rest of the documents must be signed and notarized. There are two options, as follows:

  • California Notary Public – $15 per notarial act/signature– Have a California Notary Public notarize your signatures where indicated on the various documents. A California Notary Public may generally charge $15 per notarial act/signature (i.e., per your signature). EXAMPLES: Notary fees can range from $15 for a single person BRONZE package with no real estate to $180 for a PLATINUM package for a couple with one piece of real property. NOTE: Living Trust Express will provide additional details as to where to find a notary or mobile notary in your area if you choose this method of notarization for your documents. Also, see www.123notary.com or search for “Notary Search” app on your smart phone or mobile devise.
  • Virtual Notary Public (eNotary or Webcam Notarizations) – $25 per notarial act/signature – Virginia became the first state to make it legal for a document to be signed by a person in a remote location and have that document notarized electronically, which means you do not have to go somewhere or have someone come to you to have it done. All you have to do is appear in front of a Notary Public via webcam and agree to have your documents signed electronically. It is simple and convenient. Each notarial act/signature is $25. NOTE: Living Trust Express will provide additional details if you choose this method of notarization for your documents. Also, see www.NotaryCam.com or search for the “Notarize” app on your smart phone or mobile devise.

 

How do I get my “Pour Over Will” (or Will) witnessed?

Once your Pour Over Will (or Will) is prepared, it must be witnessed. Therefore, you will have to find at least two adults not mentioned in your Will. You can use friends, neighbors or co-workers. Living Trust Express will provide additional details explaining the process. However, if you are using the Living Trust Express “Delivery and Document Review” service, our professional can serve as a witness, so you will need to provide another adult at the time of delivery.