In California, many real estate documents are subject to an extra $75 recording fee under Government Code § 27388.1. This fee applies to deeds, deeds of trust, liens, easements, and similar documents, and it’s charged per parcel, per document, up to a maximum of $225 per transaction. The money goes to the state’s Building Homes and Jobs Trust Fund to support affordable housing.
However, there are several important exemptions, including:
- Documents subject to the documentary transfer tax (like most sales of real property)
- Transfers to or from government agencies
- Instruments related to removing unlawful covenants
- Transfers of a residential dwelling to an owner-occupier
The last exemption—“a transfer of real property that is a residential dwelling to an owner-occupier”—raises questions when the property is being transferred into a trust.
Although the statute doesn’t specifically mention trusts, many county recorders treat a transfer into a revocable living trust as exempt if the person transferring the property lives in the home and is also the trust’s settlor and beneficiary. In other words, if the person is just putting their own home into their own trust and still lives there, that’s often treated the same as an owner-occupier transfer.
This interpretation isn’t guaranteed statewide—it may vary by county. If no exemption is claimed or accepted, the $75 fee will apply.
Summary:
If you’re transferring your home into your own trust and you still live there, you’ll likely qualify for the exemption.