Does a Trust Need to be Filed?

Full Question:

I am considering using uslegalforms.com for completing a 'Living Trust'. Do I have to file the completed documents with a state or county agency. How do I know that these documents will be accepted?ThanksCharlie Newman
04/18/2012   |   Category: Trusts   |   State: Oregon   |   #25660

Answer:

A trust document isn't required to be filed. If you are transferring real estate into a trust, a deed will need oo be filed at the county recorder's office. A trust is a private document, but sometimes the county recorder will allow filing, so you should inquire for local procedures if you have a reason to want it on file.

The living trust is created with the execution of Declaration of Trust by the Grantor(s). The declaration will detail the terms and conditions of the living trust, including who will serve as the Trustee. Once the trust is created, assets are transferred to it. This is called "funding the trust." If real estate is to become part of the trust, a deed must be executed properly, naming the Trust as the Grantee. The deed then must be property recorded. A warranty deed or quit claim deed is commonly used to transfer real property to the trust.