Putting Your Nashville Home in a Living Trust: Recording the Deed in Davidson County

Quick answer: In Davidson County, the document that shows you own your home is the deed, and the Register of Deeds records it. If your home is going into a living trust, the Register’s office will not prepare or help prepare the deed, and it tells you to consult an attorney. It records original, signed, notarized documents. Its fee page lists $5 per page with a $10 minimum, plus a $2 data processing fee, for deeds. A trust agreement alone does not change what the deed says, so this is a step to plan, not an afterthought.

Why does the deed matter for a living trust?

The Register’s office describes a deed as the document that shows you own your property. The FDIC describes a living trust as a written agreement under which the owner controls the deposits and other assets in the trust during his or her lifetime.

Put those together and you get the practical question: if the trust is supposed to control your house, does the recorded deed line up with that? Moving a home into a trust generally means a new deed. Exactly how it should be worded and signed is the part to get right with a lawyer.

Can the Register of Deeds prepare the deed for you?

No. The office’s own FAQ asks this question and answers: “No. A deed is a legal document establishing property ownership, please consult an attorney.”

Its fee page also says all documents, except releases and charters, must show the name and address of the person or company preparing the instrument. So the preparer has to be identified on the document.

What must the document look like to be recorded?

The Register’s office says the only copy it can record is a certified copy of a document recorded in another government office. Otherwise it must have original, signed, notarized documents.

It also says the signature on all documents must be notarized, and if the document requires an oath of consideration, the oath must be notarized as well.

How do you actually record it?

In person. A recording cashier reviews the documents for correct recording information. The information goes into the document recording system, and the document is scanned, checked for image clarity and returned to you.

By mail. Mail is processed as received. Cashiers review each document, and those that do not meet the requirements are mailed back with an explanation. Include a self-addressed stamped envelope. Without return postage, documents are put in a file box for you to pick up.

What does recording cost?

Item on the Register’s fee page	Amount listed
Warranty deeds, quit claim deeds and other documents	$5 per page, $10 minimum
Data processing fee	$2
State tax on a conveyance	$3.70 per $1,000
Probate fee	$1, collected only when state tax is paid
State tax on a mortgage	$1.15 per $1,000, first $2,000 exempt

The page says the fees are set by Tennessee Code Annotated Sec. 8-21-1001. It was last updated in August 2021, so confirm amounts with the office or its fee calculator. It does not say whether a transfer into your own trust is taxed as a conveyance. Ask that question before you record.

What should you check before you record?

The Register’s office does not do this work for you, so it pays to know what to look at:

• The current deed. The office does not keep your original, which went back to whoever delivered it, but you can get a copy at any time.
• Liens and mortgages. The office will not tell you whether a property has liens or encumbrances. You need a title search, which it says is usually done by an attorney or title company.
• Property lines. Plats and deeds give dimensions, but the only way to know exactly where the lines are is to hire a private surveyor.
• A mortgage on the home. Ask your lender and your lawyer how a transfer into a trust affects the loan.

How can you look up what is recorded on your home?

The office can tell you when a document was recorded and the reference number it uses to identify it. Its records are available online by subscription, and its indexes are on computer and open to the public if you want to search them yourself. To check who owns a property, the office can look at the tax rolls and its grantor’s indexes, and Metro’s planning commission runs a free property map website.

None of that replaces a title search, but it is a good way to confirm how your name appears on the current deed before anyone drafts a new one.

What else has to line up with the deed?

The house is usually not the only thing. Bank accounts have their own rules, including FDIC coverage for deposits in a living trust. And if the home ends up in the estate instead, a recorded deed comes up again at closing: Davidson County’s guidelines accept a copy of the recorded deed as proof a specific bequest of real estate was delivered. See a will or a living trust in Nashville.

If long-term care might be part of the picture, read TennCare estate recovery first. TennCare’s page does not say how a trust is treated, so raise it directly.

Why talk with Thompson Law in Nashville?

Attorney Christopher “Kim” Thompson has practiced in Middle Tennessee for over 30 years and knows the Davidson County court system. You work directly with him.

See our pages on living trusts and serving Nashville. Call (615) 832-2335 for a free consultation, or contact the firm.