Should I use a quitclaim or warranty deed to transfer property to a living trust in Utah?

Stephen Howard — Stone River Law

Real People. Real Solutions.

Should I use a quitclaim or warranty deed to transfer property to a living trust in Utah?

Last Updated

Whether to use a quitclaim deed or a warranty deed to transfer property into a living trust in Utah depends in part on who holds the property, how it is held, and who the beneficiaries and grantors of the trust are. Under Utah law, a quitclaim deed only transfers whatever rights the grantor has to the property. If the grantor has no rights to the property, then no rights are transferred by a quitclaim deed. If the grantor has valid title rights to the property, then those rights are legally transferred to the grantee. Under a quitclaim deed, the grantor makes no representation that he or she actually has good title to the property. A warranty deed, however, not only transfers the grantor’s rights to the property, but also contains a guarantee (“warranty”) from the grantor that the grantor has good title to the property. There are advantages and disadvantages to the use of each kind of deed. Consultation with a Utah wills and trusts attorney should help you determine which deed is appropriate for your situation.