Transferring Your Home Into Your Trust: A Simple Checklist (Santa Clara County)

Transferring Your Home Into Your Trust: A Simple Checklist
Santa Clara County, California
Updated October 2026
 
Moving your house into your trust protects your family from probate and keeps your estate plan working the way you intended. Here's what the process looks like.

Before You Start

1. Confirm your trust is fully signed and dated
2. Get the exact legal name of the trust and the date it was signed
3. Locate your current deed (shows how title is currently held)

1. Have your estate attorney (or a deed preparation service) draft the new deed — Santa Clara County title companies no longer prepare deeds for this type of transfer
2. Deed should read: "[Your Name], Trustee of the [Trust Name] dated [date]"
3. Sign the deed in front of a notary
4. File a Preliminary Change of Ownership Report (PCOR) with the deed
5. Note the trust exclusion on the PCOR so property taxes are not reassessed (see link below)
6. Record the deed with the Santa Clara County Clerk-Recorder's Office (in person or by mail)

1. Update your homeowner's insurance to list the trust
2. Notify your mortgage lender (transfer will not trigger a due-on-sale clause under federal law)
3. Keep a copy of the recorded deed with your estate planning documents
4. Update any HOA records if applicable

• Estate attorney: prepares the deed with correct trust vesting language, and is best for unusual situations (irrevocable trusts, liens, co-ownership)
• Deed preparation service: an alternative for straightforward transfers if you don't need full attorney review
• Title company: can still be useful for title questions or a preliminary title report, though most in Santa Clara County no longer draft the deed itself for this type of transfer
• Tax professional: can confirm the reassessment exclusion applies to your situation

• Recording Real Estate Documents – Santa Clara County Clerk-Recorder
• Record Fees – Santa Clara County Clerk-Recorder
• Preliminary Change of Ownership Report (PCOR) BOE-502-A – Santa Clara County Assessor
• Change in Ownership Exclusions (Trust Transfers) – Santa Clara County Assessor
• Recorder's Office address for mail-in recording: Santa Clara County Clerk-Recorder's Office, ATTN: Recording, 110 West Tasman Drive, First Floor, San Jose, CA 95134

 
This checklist is for general informational purposes and is not a substitute for legal or tax advice.