Listing a Home in a Trust: What You Need to Know

Q: I represent sellers who own a property in a living trust, with the spouses listed as Trustees. How should I identify the seller on the listing and offer paperwork, and how should they sign the documents?

A: Because this topic can be confusing, it is a good idea to contact the title company early in the process. They can provide guidance on how the seller’s name should appear in the signature block and help identify any additional documentation that may be needed for your specific situation.

For example, if a property is owned by a living trust, both the trustee and the trust must be named as the seller on all listing and sale documents. If the trust is called “The Smith Living Trust” and was established on January 14, 2024, the seller should be identified as:

John Smith and Mary Smith, co-trustees of The Smith Living Trust under trust agreement dated January 14, 2024

(Often abbreviated as: John Smith and Mary Smith, co-trustees of The Smith Living Trust UTAD 1/14/2024)

This full designation should appear both where the seller’s name is listed and beneath the signature line.

The escrow officer will require either the full Trust Agreement or a current Certification of Trust to confirm the signers have proper authority. Because every trust is different, it is important to involve the title company early so they can ensure the correct parties are named and all required documentation is in place.

Each form platform provider that works with OREF has its own way of identifying an entity as the owner and formatting the signature section. For how-to videos and tips, visit www.orefonline.com/tech-tips.

If you do not see a tip for your preferred platform, contact customerservice@orefonline.com. We are happy to assist.

All comments and responses from OREF or its staff, managers, and volunteers are non-legal opinions made for general purposes. Each Forms subscriber must rely solely upon their Principal broker or personal legal counsel for specific advice and instruction. You and your client should independently confirm that the Form(s) you use are legally suitable for the purposes intended and that they are current with respect to all laws and regulations.