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socrateaser
socrateaser, Attorney
Category: Estate Law
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Experience:  Retired (mostly)
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Does a family trust that includes real estate need to be recorded

Customer Question

Does a family trust that includes real estate need to be recorded in California
Submitted: 1 year ago.
Category: Estate Law
Expert:  David Kennett replied 1 year ago.
Dear JACUSTOMER - All real estate must be recorded so there would be a deed or a deed of trust that would be recorded. The actual family trust would not be recorded and the deed would only refer to the owner of the property as the "Trust of (whoever)". So you could not see a copy of the trust document in the public records but you could verify that the trust owned the property. I'm not certain from your facts exactly what your situation may be so if you have anything further please let me know.
Customer: replied 1 year ago.


I am a surveyor preparing a deed for a transfer or real property in a lot line adjustment. The trust for the property owner receiving trhe property is not recorded. It was my understanding that any trust holding real estate should have been recorded.

Expert:  David Kennett replied 1 year ago.
I am going to opt out and open this for the other experts. I am not aware of such a rule but I don't want to say it doesn't exist.
Expert:  socrateaser replied 1 year ago.

Hello,

Different contributor here. I am a member of the State Bar of California, and I have comprehensive knowledge of real property and estate law.

There is no law that requires the recording of a trust, whether revocable or irrevocable. However, a trustee may record a "certification of trust" with the county, containing an abstract of the material provisions of a trust, as a means of providing constructive notice to the world concerning matters, not just concerning real property, but concerning any trust issue. See Probate Code § 18100.5(c); § 18105.

In particular, providing notice of the name of the trustee(s), so that no one other than that person or persons can fraudulently or negligently claim to have trustee powers, is a frequent reason to record a certification -- especially where a trustee has been previously removed for breach of trust.

Hope this helps.

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