Transferring your property into a trust and later selling it in Ohio can be a strategic move for estate planning, asset protection, and avoiding probate. However, the process involves specific legal steps, and understanding Ohio real estate trust laws is crucial. Whether you are setting up a revocable trust property transfer in Ohio or selling a trust-owned home, this guide—based on my firsthand experience—will walk you through the process to ensure a smooth transaction.

What is a Trust and Why Transfer Property Into One?
A trust is a legal entity that holds property on behalf of a beneficiary. There are two common types of trusts used for Ohio real estate trust laws:
- Revocable Trust: Also known as a living trust, it allows the grantor (property owner) to retain control of the assets and make changes during their lifetime. Upon death, the property passes to beneficiaries without going through probate. This process is governed by Ohio Revised Code §5804.01.
- Irrevocable Trust: Once the property is transferred into an irrevocable trust, the grantor loses control, and the trust becomes its own legal entity. This type of trust offers asset protection but limits flexibility, per ORC §5805.06.
Placing property in a trust can help avoid probate vs. trust Ohio disputes, protect assets from creditors, and simplify estate distribution.
How to Transfer Property Into a Trust in Ohio
If you’re considering a property deed transfer to a trust, follow these key steps:
Step 1: Choose the Right Type of Trust
Decide whether a revocable trust property transfer in Ohio or an irrevocable trust best fits your needs. Revocable trusts provide flexibility, whereas irrevocable trusts offer stronger asset protection. For estate planning, I typically recommend revocable trusts for homeowners who still want control over their assets.
Step 2: Create the Trust Agreement
Work with an estate planning attorney in Ohio to draft a legal trust document. This agreement outlines the trustee, beneficiaries, and management of the property.
Step 3: Prepare the Deed for Transfer
To move your property into a trust, you need to prepare a quitclaim deed to trust Ohio or a warranty deed. The deed should list the trustee’s name and trust name as the new property owner. Ensure it complies with Ohio Revised Code §5301.01, which governs property conveyance.
Step 4: File the Deed with the County Recorder
Once the deed is prepared, it must be notarized and filed with the Ohio County Recorder’s Office. Recording fees typically range between $28 and $34 per deed, depending on the county. Check with your local recorder’s office for exact costs.
Step 5: Update the Title and Insurance Policies
Notify your homeowner’s insurance provider and mortgage lender (if applicable) about the change in ownership. You may need to update the policy to reflect the trust as the property owner.
Selling a House Held in a Trust in Ohio
Selling a property from a trust follows a different process than a traditional sale. Here’s what you need to know when conducting a trust property sale process in Ohio.
Step 1: Verify Trustee Authority to Sell
The trustee must have legal authority to sell the property, as outlined in the trust agreement. If a co-trustee or beneficiaries must approve the sale, obtain their consent before proceeding. Ohio Revised Code §5808.15 states that trustees must act in the best interest of beneficiaries when handling real estate transactions.
Step 2: Obtain a Trustee’s Certification
Many title companies and buyers require a Trustee’s Certification of Authority, which verifies that the trustee has the power to sell the trust real estate transfer tax Ohio obligations. Without this, title companies may delay or deny closing.
Step 3: List the Property for Sale
Just like any traditional home sale, you’ll need to market the property. Whether selling privately or through an agent, ensure the listing accurately reflects the property’s trust ownership real estate Ohio status.
Step 4: Handle Title and Closing Requirements
Because the home is in a trust, the title company may require additional documentation to clear the title before closing. If the trust has multiple beneficiaries, the distribution of sale proceeds must align with the trust agreement. If there are disputes, court approval may be required, leading to probate-like delays.
Frequently Asked Questions
Can a Trustee Sell Property Without Beneficiary Approval?
In many cases, yes—if the trust agreement grants the trustee full control. However, some trusts require beneficiaries to approve the sale. Per Ohio Revised Code §5808.17, beneficiaries can challenge a trustee’s actions if they believe the sale isn’t in their best interest.
Does Transferring a Property to a Trust Trigger Transfer Taxes?
Generally, no. A property deed transfer to trust in Ohio is typically exempt from transfer taxes under Ohio Revised Code §319.202. However, check with your local county recorder’s office for any exceptions.
Do You Need Probate If a Property is in a Trust?
No. The probate vs. trust Ohio debate often centers on avoiding probate, which is one of the biggest advantages of holding property in a trust. Ohio probate law (ORC §2107.01-2107.90) states that properly titled trust property bypasses probate entirely.
Can You Sell a House in a Revocable Trust?
Yes. The grantor retains control and can sell a house in a trust Ohio without major restrictions.
Final Thoughts
Transferring real estate into a trust in Ohio can provide significant estate planning benefits, especially for those looking to protect assets and avoid probate. If you plan to sell a house in a trust Ohio, ensuring proper documentation and compliance with Ohio real estate trust laws is crucial.
For personalized guidance, consider consulting an estate planning attorney Ohio to ensure a legally sound process. Whether you need a trustee selling property Ohio or navigating a living trust property sale Ohio, following these steps will help ensure a smooth transfer and sale.