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How to Put a House in a Trust in Texas (2025)

You’ve got a house, a plan, and maybe even a trust document sitting in your desk drawer—but here’s the big question: Have you actually moved the house into the trust?

Setting up a trust is only half the battle. If you don’t fund it with your property (like your home), then your trust may not do what you intended—like avoiding probate or protecting your loved ones.

Let’s walk through how to transfer your Texas home into a trust, what to watch out for, and why it matters.

Why Put Your House in a Trust?

Placing your home into a revocable living trust can:

• Help your heirs avoid probate

• Ensure faster transfer of ownership after your death

• Provide privacy and continuity

• Help with disability planning if you can’t manage property later

It’s a key part of smart estate planning—but it only works if you do it correctly.

Step-by-Step: Putting a House into a Trust in Texas

Step 1: Create a Trust

Work with an estate planning attorney to set up a revocable living trust (or another type of trust, depending on your goals).

The trust document will name:

• You (or you and your spouse) as the initial trustee(s)

• Your beneficiaries (who gets the house later)

• A successor trustee to manage things when you can’t

Step 2: Get the Deed Prepared

You’ll need to sign a new general warranty deed (or sometimes a special warranty deed) that transfers ownership from you to the trust.

For example:

John Smith transfers his interest in the home to “John Smith, Trustee of the Smith Family Trust dated January 1, 2025.”

An attorney should prepare the deed to make sure it’s accurate and meets Texas legal requirements.

Step 3: Sign the Deed with a Notary

Texas law requires the deed to be signed in front of a notary public. Make sure:

• Everyone listed as current owners signs

• The trust name and date are correct

• There are no errors or missing information

Step 4: File the Deed with the County Clerk

Record the deed with the County Clerk’s Office where the property is located (e.g., Harris County for Houston properties).

This makes the transfer official and part of the public record.

Step 5: Notify Your Insurance Company

Update your homeowner’s insurance to reflect the trust ownership. You don’t want coverage issues if something happens.

Also, check whether your mortgage lender requires notice. Most standard loans allow transfers to a revocable trust without triggering the due-on-sale clause, but confirm just to be safe.

Common Mistakes to Avoid

• Forgetting to fund the trust: A trust without assets is like an empty safe.

• Using the wrong deed form: Different counties or situations may require different formats.

• Not updating the insurance or mortgage: This can cause claim issues or lender confusion.

• Skipping a review of the trust terms: Make sure the home is actually listed as a trust asset or covered by language in the document.

Real-Life Example: Avoiding Probate the Right Way

Marta owned a home in Katy, Texas, and wanted it to pass to her two sons. She created a trust—but never transferred the home into it.

When she passed, the house still had to go through probate.

Her neighbor, Sharon, worked with an estate planning lawyer who helped her deed her home into her trust. When Sharon died, her children avoided court entirely and took ownership in weeks—not months.

Can You Still Live in the Home?

Yes. If you set up a revocable trust and name yourself as trustee, you maintain full control over the property. You can:

• Live in the home

• Refinance or sell it

• Change beneficiaries

• Revoke the trust if needed

What About Property Taxes?

In Texas, you don’t lose your homestead exemption just because your house is in a trust—as long as:

• It’s a revocable trust

• You’re the trustee and the primary resident

You may need to file an additional affidavit with the appraisal district, but the exemption generally remains intact.

How The Lange Firm Can Help

We help Texas homeowners:

• Draft and execute revocable and irrevocable trusts

• Prepare and record deeds to fund the trust

• Protect real estate assets from probate and disputes

• Coordinate trust, will, and beneficiary designations for a seamless plan

You worked hard for your home. We’ll help you make sure it stays in the right hands.

Final Takeaway

If your trust isn’t funded, it’s not doing its job.

Putting your house into a trust ensures your property avoids probate, reaches the right people, and stays protected.

Contact The Lange Firm today to get help transferring your home into a trust and securing your legacy in Texas.