Quick Answer
To put a house in a trust in Texas, first create a valid revocable living trust, then transfer the home into it by signing a new deed that names the trust as the new owner, having the deed notarized, and recording it with the county clerk where the property is located. You keep living in the home, keep your homestead exemption, and when you die the house passes to your beneficiaries through your successor trustee — without probate. The whole process usually takes two to six weeks and costs $1,000 to $3,000 with an attorney, plus a modest county recording fee.
Why Put a House in a Trust in Texas?
For most Texas families, the house is the single most valuable asset they own — and also the asset most likely to cause problems after a death. A will alone does not keep a house out of probate. A trust does. Here is why Texas homeowners choose to transfer their home into a trust.
Avoid Probate
When a Texas homeowner dies owning a house in their individual name, that house generally has to pass through probate before anyone can sell it, refinance it, or legally take ownership of it. Texas probate is faster and cheaper than in many states, especially with an independent administration, but it still means court filings, a waiting period, legal fees, and public records. A house owned by a trust skips probate entirely. Your successor trustee simply follows the instructions in your trust document, and the property transfers to your beneficiaries privately and quickly.
Keep Your Affairs Private
Probate is a public court process. The inventory of your estate, including your home’s value, becomes part of the public record. A trust is a private document. Nobody outside your family and your trustee needs to know what the house is worth, who inherits it, or on what terms.
Plan for Incapacity
A will only takes effect when you die. A trust works while you are alive. If you become incapacitated — after a stroke, an accident, or the onset of dementia — your successor trustee can step in immediately to manage, maintain, insure, sell, or refinance the house on your behalf. Without a trust, your family would need a court-appointed guardianship to do the same things, which is slow, expensive, and stressful.
Control How and When Your Family Inherits
A trust lets you set the terms. You can direct that a child receives the house outright, that it be held for minor children until they turn 25, that a surviving spouse may live there for life, or that the house be sold and the proceeds divided. A will can do some of this, but a trust gives you far more control — and it keeps those instructions private.
Protect Blended Families and Second Marriages
In a blended family, a trust is often the cleanest way to make sure a surviving spouse can stay in the home while also protecting the children’s eventual inheritance. The trust can grant the spouse a lifetime right to live in the house and then pass it to your children. Trying to achieve the same result with a will alone frequently leads to disputes.
Who Should Consider It — and Who Might Not Need It
A trust is a strong fit if you own a home in Texas and any of the following apply:
- You want your family to avoid probate.
- You own property in more than one state.
- You have minor children or a beneficiary with special needs.
- You are in a second marriage or a blended family.
- You want someone to manage the house if you become incapacitated.
- Privacy matters to you.
A trust may be overkill if you are single, own only the house, have one adult child who would inherit everything anyway, and are comfortable with a simple will plus a transfer-on-death deed. In that case, talk to an estate planning attorney before deciding — the right answer depends on your family and your assets, not on a template.
Revocable vs. Irrevocable Trust for a Texas Home
Almost every Texas homeowner who puts a house in a trust uses a revocable living trust. An irrevocable trust is a different tool with different trade-offs, and it is rarely the right choice for a primary residence. Here is the comparison.
| Feature | Revocable Living Trust | Irrevocable Trust |
|---|---|---|
| Can you change or cancel it? | Yes, any time while you are competent | No, generally permanent once created |
| Can you still live in the house? | Yes, exactly as before | Yes, usually, but on the trust’s terms |
| Can you sell or refinance the house? | Yes, freely, as trustee | Only with trustee approval and trust terms |
| Does it avoid probate? | Yes | Yes |
| Does it protect the house from your creditors? | No | Often, depending on the structure |
| Does it help with Medicaid planning? | No | Sometimes, with a five-year look-back |
| Do you keep the homestead exemption? | Yes | Yes, if the trust qualifies |
| Do you keep the step-up in basis at death? | Yes | Depends on the trust’s design |
| Typical cost | $1,000–$3,000 with an attorney | $3,000–$7,000+ with an attorney |
| Best for | Most Texas homeowners | Asset protection and Medicaid planning |
Why Revocable Is the Default Choice
A revocable living trust gives you the probate-avoidance and incapacity-planning benefits without giving up control. You are typically the trustee of your own trust while you are alive, so you manage the house exactly as you do now. You can amend the trust, remove the house from it, sell the house, or cancel the trust entirely. For the overwhelming majority of Texas homeowners, this flexibility makes revocable the right answer.
When an Irrevocable Trust Makes Sense
An irrevocable trust can make sense in narrow situations — for example, when a family is doing Medicaid planning well in advance, or when a high-net-worth homeowner wants creditor protection. But the trade-offs are serious: you give up control, the house generally leaves your estate for tax purposes, and undoing the arrangement is difficult or impossible. Never transfer a house into an irrevocable trust without advice from a Texas estate planning attorney who understands the tax and Medicaid consequences.
Documents Checklist: What You Need Before You Start
Gathering your paperwork first saves weeks of back-and-forth. Use this checklist.
| Document | Why You Need It | Where to Find It |
|---|---|---|
| Current deed to the property | Shows the exact legal description and how you currently hold title | County clerk records, title company, or your closing file |
| Legal description of the property | Must be copied word-for-word into the new deed | Your current deed or the county appraisal district |
| Trust agreement (signed) | Creates the trust that will own the house | Your estate planning attorney |
| Certification of trust | Proves the trust exists without sharing the full document | Your attorney, under Tex. Prop. Code § 114.086 |
| Government-issued photo ID | Required by the notary | Your wallet |
| Mortgage statement (if any) | Lender name, loan number, and payoff contact | Your lender’s portal or monthly statement |
| Homeowner’s insurance declarations page | Needed to update the named insured | Your insurer |
| Property tax statement / appraisal district record | Confirms the account and homestead exemption status | County appraisal district website |
| Marriage certificate or divorce decree (if relevant) | Confirms ownership and spousal rights | Your records or the county clerk |
| Prior estate documents (will, power of attorney) | Your attorney checks for conflicts | Your records |
A note on the certification of trust: Texas law (Tex. Prop. Code § 114.086) lets you present a short certification instead of handing over the entire trust agreement. Banks, title companies, and county offices are required to accept a properly executed certification. This keeps the private details of your trust — who gets what, and when — out of other people’s hands.
Step-by-Step: How to Put a House in a Trust in Texas
Follow these steps in order. Skipping one is how transfers fail.
Step 1: Create (or Review) Your Revocable Living Trust
Everything starts with the trust itself. Under Texas law (Texas Property Code Chapter 112), a trust must be in writing, and it must clearly identify the trust property, the trustee, and the beneficiaries. A Texas estate planning attorney drafts the trust agreement, names you as the initial trustee, names a successor trustee, and spells out who inherits the house and on what terms.
If you already have a trust, your attorney should review it before you transfer the house. Older trusts sometimes have outdated successor trustees, missing provisions for real estate, or terms that no longer match your wishes. Fixing the trust first is far cheaper than fixing a bad transfer later.
Key decisions your attorney will walk you through:
- Who serves as successor trustee if you die or become incapacitated?
- Who inherits the house — outright, in shares, or held in a continuing trust?
- Does a surviving spouse get a lifetime right to live in the home?
- What happens if a beneficiary is a minor or has special needs?
- Should the trust allow the trustee to sell the house?
Step 2: Get the Exact Legal Description of the Property
Every deed must contain the property’s legal description — the lot and block number, the subdivision name, the survey or abstract reference, or the metes-and-bounds description. This is not the street address. The street address alone is not enough to transfer real estate in Texas.
Copy the legal description exactly as it appears on your current deed. A single wrong lot number or subdivision name can make the new deed defective or cloud your title. Your attorney or the title company can confirm the correct description from the county records.
Step 3: Prepare the New Deed
This is the document that actually moves the house into the trust. The current owner (you, the grantor) signs a deed transferring the property to the trust. The grantee is the trust itself, typically written as: “John A. Smith, Trustee of the John A. Smith Revocable Living Trust dated March 4, 2026” — using your name and your trust’s exact date.
Which Deed Should You Use?
Texas uses three main deed types for trust transfers. The right one depends on your situation.
| Deed Type | What It Promises | When to Use It | Risk Level |
|---|---|---|---|
| Warranty deed | Grantor guarantees clear title against all claims, past and present | Most trust transfers; the standard choice | Lowest risk for the trust |
| Special warranty deed | Grantor guarantees title only against claims arising during their own ownership | When the grantor wants limited liability | Moderate |
| Quitclaim deed | No guarantees at all; transfers only whatever interest the grantor has | Clearing a title defect; transfers between spouses | Highest risk |
For most homeowners, a warranty deed is the right choice. It gives the trust the strongest title protection, and title companies prefer it when the house is later sold or refinanced. A quitclaim deed is cheaper and simpler, but it offers no warranties — if a title problem surfaces later, the trust has no recourse against the grantor. Your attorney will recommend the right deed for your facts.
The deed must include:
- The grantor’s name exactly as it appears on the current deed
- The grantee (the trust, with trustee name and trust date)
- The full legal description of the property
- The consideration (often stated as a nominal amount or “for love and affection” in a trust transfer)
- A statement of the property’s county and state
- Signature lines for the grantor
Step 4: Sign the Deed Before a Notary Public
In Texas, a deed must be signed and acknowledged before a notary public to be recorded. The notary verifies your identity, watches you sign, and stamps the deed with an official seal. This is not optional — the county clerk will reject an unnotarized deed.
Practical tips:
- Bring a valid government-issued photo ID.
- Do not sign the deed before you arrive; the notary must witness your signature.
- If the property is jointly owned, both owners must sign.
- If either spouse cannot attend, ask your attorney about a power of attorney or a separate signing — do not skip the notary step.
- Many banks, UPS stores, and law offices in Texas offer notary services for $6 to $25 per signature.
Step 5: Record the Deed with the County Clerk
The signed, notarized deed must be filed with the county clerk in the county where the property sits. Recording is what makes the transfer public and legally effective against third parties. Until the deed is recorded, the rest of the world still sees you — not the trust — as the owner.
You can record the deed in person, by mail, or in many Texas counties through an electronic recording service. Your attorney or title company usually handles this for you. After recording, the clerk stamps the deed with a document number and returns the original (or a certified copy) to you. Keep it with your trust records.
Texas County Recording Fees
Texas has no real estate transfer tax, which is one of the pleasant surprises of transferring property in this state. You pay only the county clerk’s recording fee.
| Item | Typical Cost |
|---|---|
| First page of the deed | $25–$50 |
| Each additional page | $4 per page |
| Certified copy of the recorded deed | $1 per page + $5 certification fee |
| Texas real estate transfer tax | $0 — Texas has none |
Fees vary by county — Harris County, Dallas County, Travis County, Bexar County, and Tarrant County each set their own schedule within state limits, and fees change periodically. A standard one- or two-page deed typically costs $25 to $60 to record. Check the county clerk’s website for the current fee schedule before you go, and confirm whether the clerk accepts cards, checks, or cash only.
Step 6: Confirm the Title Transfer
Recording the deed is not the end of the job. Confirm that the transfer actually took effect.
- Search the county clerk’s online records a few days after filing and confirm the deed appears with the trust as grantee.
- Order a title search or ask your attorney to confirm the chain of title now runs to the trust.
- If the deed was rejected for a clerical error — a missing signature, a wrong legal description, an expired notary commission — fix it immediately and re-record.
- Keep the recorded deed and the clerk’s receipt with your trust binder.
This step is where many do-it-yourself transfers quietly fail. A deed that sits unrecorded, or is recorded with an error, does not protect your family. Confirm it.
Step 7: Update the County Appraisal District and Your Homestead Exemption
After the deed is recorded, notify your county appraisal district (HCAD in Harris County, TCAD in Travis County, DCAD in Dallas County, and so on) that the property is now owned by your trust. Most districts have an online ownership-update form or accept a copy of the recorded deed by mail or email.
Then confirm your homestead exemption survives the transfer. In Texas, a home owned by a qualifying trust can keep its homestead exemption — but only if the trust meets the requirements. The Texas Tax Code allows the exemption when the trust’s beneficiary is a natural person who uses the home as their principal residence and the trust instrument gives them the right to use and occupy it. In practice:
- Your revocable living trust should expressly state that you have the right to live in the home.
- File a homestead exemption affidavit with the appraisal district if the district asks for one, confirming the home is your principal residence and the trust qualifies.
- File the affidavit promptly. Missing a filing deadline can cost you the exemption for a tax year.
- Your property tax bill should keep showing the homestead exemption after the transfer. Check it. If the exemption disappears, contact the appraisal district immediately and ask what documentation they need.
Losing a homestead exemption can raise your property tax bill by hundreds or thousands of dollars a year, so this step deserves real attention — it is also one of the steps most often skipped in do-it-yourself transfers.
Step 8: Update Your Homeowner’s Insurance
Call your homeowner’s insurance company and tell them the house is now owned by your trust. Ask them to add the trust as an additional insured or as the named insured, depending on the policy. You remain the occupant, and your coverage should not change — but if the trust is not listed on the policy, a future claim could be delayed or disputed while the insurer sorts out who the insured party is.
Do this within days of recording the deed, not months. Also confirm:
- The mortgage company is listed as the mortgagee (this does not change).
- Your coverage limits and deductible are unchanged.
- The insurer has the trust’s correct legal name.
Step 9: Notify Your Mortgage Lender
If you have a mortgage, send your lender a copy of the recorded deed and a copy of the certification of trust. Most lenders simply file the documents and carry on. Federal law protects you here — see the mortgage section below — but telling your lender in advance avoids confusion, misdirected mail, and escrow problems.
Do not wait for the lender’s permission before recording the deed. You are not asking for permission. You are notifying them of a lawful transfer.
Mortgage and the Due-on-Sale Clause: What Texas Homeowners Need to Know
The single biggest worry homeowners have about putting a house in a trust is the mortgage. “Will my lender call the loan due?” The short answer, for most people, is no — federal law protects you.
The Due-on-Sale Clause
Most Texas mortgages contain a due-on-sale clause. It says that if you transfer the property, the lender can demand immediate repayment of the full loan balance. On paper, transferring your house to a trust triggers that clause. In practice, federal law stops the lender from enforcing it in this situation.
The Garn-St. Germain Act Exception
The Garn-St. Germain Depository Institutions Act (12 U.S.C. § 1701j-3(d)(8)) prohibits a lender from enforcing a due-on-sale clause when a homeowner transfers their home into a revocable living trust, as long as:
- The borrower remains a beneficiary of the trust, and
- The transfer does not relate to a transfer of rights of occupancy in the property.
In plain English: if you put your own home into your own revocable living trust and keep living there, your lender cannot call the loan due. This is a federal protection that applies in Texas and every other state.
What to Do in Practice
- Notify the lender in writing after recording the deed, with a copy of the recorded deed and the certification of trust.
- Keep making your mortgage payments exactly as before — from the same account, on the same schedule.
- If a lender ever sends a letter suggesting the loan has been accelerated, contact your attorney immediately. Lenders occasionally send automated notices that are wrong.
- Keep the homeowner’s insurance and property tax escrow current. The lender’s real concern is that the property stays insured and taxes stay paid.
- Refinancing later is slightly more paperwork: some lenders ask you to temporarily transfer the house out of the trust, refinance, and transfer it back in. Your attorney can handle this as a routine matter.
What If the Lender Objects?
In rare cases — usually with an irrevocable trust, a commercial loan, or a transfer that does not meet the federal exception — a lender may object. That is one more reason a revocable living trust is the default choice, and one more reason to have an attorney review your mortgage documents before you transfer the property.
Homestead Exemption After the Transfer: The Detail That Matters
Texas has one of the strongest homestead protections in the country, and the homestead exemption can survive a transfer into a trust — but the details matter.
The Qualifying Trust Rule
For the property to keep its homestead exemption, the trust must be a qualifying trust: the beneficiary must be a natural person, the home must be their principal residence, and the trust instrument must give that person the right to use and occupy the home. A standard revocable living trust drafted by a Texas attorney meets this test as a matter of course. A trust drafted from an online template might not — another reason to use an attorney rather than a form.
The Homestead Affidavit
Some appraisal districts ask the homeowner to file a homestead exemption affidavit after the transfer. The affidavit states that the home is your principal residence, that the trust is a qualifying trust, and that you retain the right to occupy the property. File it when asked, and file it promptly — appraisal districts set deadlines, and missing one can cost you the exemption for the year.
What to Watch on Your Tax Bill
After the transfer, check your next property tax statement carefully:
- The owner of record should show the trust.
- The homestead exemption should still be listed.
- The taxable value should reflect the exemption.
If the exemption is missing, contact the appraisal district the same week. Bring your recorded deed, your certification of trust, and the affidavit. Most districts correct the record quickly when you show them the right documents.
What It Costs to Put a House in a Trust in Texas
There is no single price for this process, but the ranges below reflect what Texas homeowners typically pay in 2026.
| Cost Item | Typical Range | Notes |
|---|---|---|
| Estate planning attorney (trust + deed) | $1,000–$3,000 | Most common range for a revocable living trust package |
| Attorney — deed only (trust already exists) | $300–$800 | When the trust is already in place |
| County recording fee | $25–$60 | First page $25–$50, plus $4 per extra page |
| Cost Item | Typical Range | Notes |
|---|---|---|
| Notary fee | $6–$25 per signature | Texas allows up to $6 per signature by statute; some services charge more |
| Title search / confirmation | $100–$300 | Optional but recommended |
| Certified copy of recorded deed | $10–$20 | For your records and the insurer |
| DIY online trust + deed package | $200–$600 | Higher risk of errors; see below |
| Typical total with an attorney | $1,100–$3,300 | Trust, deed, notary, recording, and copies |
Attorney vs. DIY: An Honest Comparison
Online legal services will sell you a trust and a deed for a few hundred dollars. For a simple situation, that can work — but the savings are small compared to the risk. A deed with a wrong legal description, a trust that does not qualify for the homestead exemption, or a missing notary acknowledgment can cost thousands of dollars to fix and can leave your family in probate anyway — the exact outcome you were trying to avoid.
An attorney’s fee buys three things a template cannot: a trust drafted to Texas law, a deed prepared from verified title records, and someone to call when the county clerk, the lender, or the appraisal district raises a question. For most homeowners, that is money well spent.
Costs You Should Not Pay
- Texas has no real estate transfer tax. If anyone quotes you one, they are wrong.
- There is no state fee for transferring a home into your own trust.
- Avoid services that charge a monthly “trust maintenance” fee. A revocable living trust does not need one.
Timeline: How Long Does It Take?
| Phase | Typical Time |
|---|---|
| Initial consultation with an attorney | 1–2 weeks to schedule |
| Trust drafting and review | 1–2 weeks |
| Signing the trust agreement | 1 day |
| Preparing the deed | 2–5 business days |
| Signing the deed before a notary | 1 day |
| Recording with the county clerk | 1–10 business days (varies by county and method) |
| Confirmation of title | 2–5 business days after recording |
| Appraisal district and insurer updates | 1–2 weeks |
| Total, start to finish | 2–6 weeks |
Electronic recording can shorten the timeline considerably — some Texas counties record electronically filed deeds within 24 to 48 hours. Mail-in recording is the slowest option. If your attorney handles the filing, expect the faster end of the range.
Common Mistakes When Putting a House in a Trust in Texas
1. Creating the Trust but Never Funding It
This is the most common and most expensive mistake in estate planning. A trust that does not own anything does nothing. The trust agreement alone changes nothing about your house — only the deed transfer funds the trust with the property. If you die with an empty trust, your house goes through probate anyway.
Fix: Record the deed. Then confirm it in the county records. Then check your title.
2. Using the Wrong Legal Description
Copying the legal description from a tax bill, a listing, or memory instead of the current deed is a recipe for a defective transfer. Even a small error — the wrong lot number, the wrong subdivision — can cloud your title.
Fix: Copy the legal description word-for-word from your current deed, and have your attorney or a title company verify it against the county records.
3. Forgetting the Notary
A deed that is signed but not notarized cannot be recorded in Texas. Some people sign the deed at home, mail it to the county, and learn weeks later that it was rejected.
Fix: Sign only in front of a notary, with a valid photo ID, and confirm the notary’s seal and signature are on the deed before you leave.
4. Failing to Record the Deed
A signed deed sitting in a drawer does not transfer the house. Until it is recorded with the county clerk, the trust does not own the property in the eyes of the world.
Fix: Record the deed promptly after signing, and keep the clerk’s receipt and document number.
5. Using a Quitclaim Deed Without Understanding It
A quitclaim deed transfers whatever interest you have — with no warranties. If a title defect exists, the trust inherits the problem with no recourse. Title companies dislike quitclaim deeds, which can complicate a future sale or refinance.
Fix: Use a warranty deed unless your attorney has a specific reason to choose otherwise.
6. Losing the Homestead Exemption
Transferring a home into a trust that does not qualify, or failing to file the appraisal district’s affidavit, can cost you the homestead exemption — and hundreds or thousands of dollars a year in extra property taxes.
Fix: Make sure your trust expressly gives you the right to occupy the home, file any affidavit the district asks for, and check your next tax bill.
7. Not Telling the Mortgage Lender or the Insurer
Silence creates confusion. A lender that does not know about the transfer may send notices to the wrong name. An insurer that does not know the trust owns the home may delay a claim.
Fix: Notify both in writing within days of recording the deed, with copies of the recorded deed and the certification of trust.
8. Naming the Wrong Grantee on the Deed
The grantee must be the trust — with the trustee’s name and the trust date — not just your name again, and not a shorthand version of the trust’s name. An incorrect grantee name can make the deed ambiguous or ineffective.
Fix: Use the trust’s exact legal name as written in the trust agreement, and have your attorney review the deed before signing.
9. Ignoring the Mortgage’s Fine Print
Most revocable trust transfers are protected by federal law, but some loans — commercial loans, certain home equity products, or loans with unusual terms — may not be. Transferring without reading the mortgage is a gamble.
Fix: Have your attorney review the mortgage documents before the transfer, and notify the lender afterward.
What Happens After You Die?
This is the payoff for all the work above. When you die, here is what happens to a house owned by your revocable living trust:
- Your successor trustee steps in immediately — no court appointment needed.
- The trustee obtains a certified copy of your death certificate.
- The trustee follows the trust’s instructions: keep the house for a beneficiary, let a surviving spouse live there, sell it and divide the proceeds, or hold it in trust for minor children.
- The beneficiaries receive the house (or the proceeds) without probate, without a public court filing, and usually within weeks or a few months rather than the many months probate can take.
- The beneficiaries generally receive a step-up in basis to the home’s fair market value at the date of death, which can significantly reduce capital gains tax if they later sell.
Your successor trustee’s job is administrative, not adversarial. They pay any remaining mortgage or taxes from trust funds, maintain the property, and distribute it according to your written instructions. Choosing a successor trustee you trust — a responsible adult child, a sibling, a close friend, or a professional trustee — is one of the most important decisions in the whole process.
Can You Still Live in, Sell, or Refinance the Home?
Yes to all three — with a revocable living trust, your daily life does not change.
Living in the Home
You keep living in your house exactly as before. You pay the mortgage, the taxes, and the insurance. You mow the lawn and paint the walls. Nothing about your day-to-day life changes, because you are the trustee of your own trust.
Selling the Home
You can sell the house at any time. As trustee, you sign the closing documents on behalf of the trust. The buyer, the title company, and the lender treat the sale like any other — they will ask for the certification of trust, and your attorney can provide it. If you later buy another home, your attorney can transfer the new home into the trust with the same process.
Refinancing the Home
Refinancing is also possible, though some lenders add a step. A few lenders ask you to transfer the house out of the trust into your individual name, complete the refinance, and then transfer it back into the trust. This is a routine maneuver that your attorney can handle for a modest fee. Other lenders will refinance with the house in the trust, asking only for the certification of trust. Ask your lender’s policy before you start the refinance, so there are no surprises at closing.
Renting Out the Home
If you later move and rent the house out, the trust can own a rental property just as easily as a residence. Keep the rental income in a trust bank account, keep good records, and tell your insurer the property is now a rental.
Frequently Asked Questions
1. How much does it cost to put a house in a trust in Texas?
With an attorney, expect $1,000 to $3,000 for the trust and deed, plus $25 to $60 in county recording fees and a small notary fee — a typical total of $1,100 to $3,300. A deed-only transfer, when the trust already exists, usually costs $300 to $800. DIY online packages run $200 to $600 but carry a higher risk of costly errors.
2. Do I still own my house after putting it in a trust?
Yes, in every practical sense. With a revocable living trust, you are the trustee and the beneficiary while you are alive. You live in the house, sell it, refinance it, and control it exactly as before. Legally, the trust holds title — but you control the trust.
3. Will putting my house in a trust affect my mortgage?
For most homeowners, no. The Garn-St. Germain Act (12 U.S.C. § 1701j-3(d)(8)) prevents your lender from enforcing a due-on-sale clause when you transfer your home into your own revocable living trust and keep living there. Notify your lender in writing after recording the deed, and keep making payments as usual.
4. Does a trust protect my house from creditors?
A revocable living trust does not. Because you retain full control, your creditors can generally reach the property just as they could before the transfer. An irrevocable trust can offer creditor protection, but it comes with a loss of control and should only be used on an attorney’s advice for that specific purpose.
5. Will I lose my Texas homestead exemption?
Not if the transfer is done correctly. A home owned by a qualifying trust keeps its homestead exemption, provided the beneficiary is a natural person who uses the home as their principal residence and the trust gives them the right to occupy it. File any affidavit your appraisal district requests, and check your next property tax bill to confirm the exemption is still there.
6. Can I put a house with a mortgage into a trust?
Yes. Most Texas homeowners who transfer a house into a trust have a mortgage. The federal protection described above applies, and the lender is notified after the deed is recorded. Have your attorney review the mortgage documents first if your loan is a commercial loan or an unusual home equity product.
7. Do I need a lawyer to put a house in a trust in Texas?
Texas law does not require a lawyer, but for most homeowners it is the wise choice. A deed error, a trust that fails the homestead test, or a missing notary acknowledgment can cost far more to fix than the attorney’s fee. If your situation is genuinely simple and you understand the documents, a DIY package is possible — but have an attorney review the finished deed before you record it.
8. How long does it take to put a house in a trust in Texas?
Typically two to six weeks from the first attorney meeting to the recorded deed and updated records. The trust drafting takes one to two weeks, the deed preparation a few business days, and county recording from one day (electronic filing) to ten business days (mail). Confirming title and updating the appraisal district and insurer adds another one to two weeks.
9. What happens to the house in the trust when I die?
Your successor trustee takes over immediately, without probate. The trustee follows your instructions — transferring the house to your beneficiaries, letting a surviving spouse live there for life, or selling it and dividing the proceeds. Your beneficiaries generally receive a step-up in basis to the home’s value at your death, which can reduce capital gains tax if they sell later.
Final Checklist: Before You Call It Done
Run through this list after the deed is recorded. Every box should be checked.
- Trust agreement signed and stored safely, with copies to your successor trustee
- Deed signed before a notary and recorded with the county clerk
- Recorded deed confirmed in the county clerk’s online records
- Title confirmed — the chain of title now runs to the trust
- County appraisal district notified of the ownership change
- Homestead exemption confirmed on your next property tax statement
- Homeowner’s insurance updated to list the trust
- Mortgage lender notified in writing with a copy of the recorded deed
- Certification of trust prepared and stored with your estate documents
- Successor trustee knows where the trust binder is and what to do
- Your will and other estate documents reviewed for consistency with the trust
Disclaimer
This article provides general information about putting a house in a trust in Texas. It is not legal advice, and it does not create an attorney-client relationship. Texas estate planning law involves statutes, deadlines, and tax rules that depend on your individual circumstances. Before transferring your home or creating a trust, consult a licensed Texas estate planning attorney who can advise you on your specific situation.
