Homeowner Guide

Estate Planning for Homeowners

You worked hard to buy your home. Don't let probate take a chunk of it when you're gone. Here's what homeowners need to protect their family — and you don't need a lawyer.

The short answer

If you own a home, a will is not enough. Your house will go through probate — 6-18 months in court, thousands in fees, everything public. What you need is a living trust. It transfers your home directly to your family, bypassing probate entirely. You can set one up online in 30 minutes.

Why homeowners need more than a will

A will tells the court what you want. But it still goes through probate — the court process that supervises estate distribution. For renters with minimal assets, probate might be quick and cheap.

For homeowners, probate is expensive:

3-8%

of home value in fees

6-18

months minimum

100%

public record

On a $600,000 home, probate fees could be $18,000-$48,000. Your family waits over a year, everything you owned becomes public information, and lawyers take a cut.

What every homeowner needs

1.

Revocable Living Trust

ESSENTIAL

Holds your home and other assets. Transfers directly to beneficiaries without probate. You maintain full control while alive.

2.

Property Deed Transfer

Actually moves your home into the trust. Without this, the trust doesn't protect the house. This is where most people fail.

3.

Pour-Over Will

Catches any assets you forgot to put in the trust. Names guardians for minor children.

4.

Healthcare Directive

Your medical wishes if incapacitated. Names someone to make healthcare decisions for you.

5.

Financial Power of Attorney

Lets someone manage your finances if you can't. Without this, your family may need court guardianship.

The step most homeowners skip

Creating a trust is step one. Actually putting your house in it is step two — and it's where most people fail.

To fund your trust with real estate:

  1. Prepare a new deed transferring from yourself to your trust
  2. Sign and notarize the deed
  3. Record the deed with your county recorder
  4. File any required state forms

If you create a trust but never do this step, your house goes through probate anyway. The trust becomes expensive paperwork that didn't protect anyone.

Questions homeowners ask

What about my mortgage?

Your mortgage continues unchanged. Federal law (Garn-St. Germain Act) prevents lenders from calling your loan due when you transfer to your own living trust. Just keep making payments.

Will my property taxes go up?

No. Transferring to your own revocable living trust doesn't trigger reassessment. California's Prop 13 protection, Texas homestead exemptions, and similar protections remain intact.

Can I sell the house later?

Yes. As trustee, you have full control. You can sell, refinance, or do anything else you'd normally do. Title companies handle trust-owned properties routinely.

What if I own multiple properties?

Transfer all of them into the trust. Each property needs its own deed. This is especially important if you own property in multiple states — it avoids separate probate proceedings in each state.

Do I still own my home?

Yes. You're the trustee of your trust, so you maintain complete control. The only difference is legal title — it's now in the trust's name instead of yours personally. Day-to-day, nothing changes.

Can you do this without a lawyer?

Yes. If your situation is straightforward — you own a home, want to leave it to your spouse and kids, no complicated family dynamics — you don't need a $3,000 attorney.

Online services create the same legally valid documents for $500-$1,000. The key is choosing one that:

  • ✓Creates state-specific documents
  • ✓Includes notarization
  • ✓Prepares your property deed
  • ✓Helps you actually fund the trust (not just create documents)

Protect your home in 30 minutes

Mantle creates your trust, prepares your property deed, and guides you through recording it. Everything you need to keep your home out of probate.

Get Started Free →

$995 complete. Trust + deed + notarization included.