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Funding a Trust in Minnesota: What to Retitle | Security Bank & Trust Co.

Written by Marc Hoffmann | Sep 29, 2026, 1:00:05 PM

A trust can only manage what it owns. Signing the document creates it. Funding a trust in Minnesota means actually moving the house, the accounts, and the land into the trust's name. That step is what makes the trust work, and it is the one families most often leave half done.

A Glencoe couple signed a revocable trust with their attorney in 2017 and left the office with a binder and a to-do list. They opened one new account in the trust's name that month. The house, the certificates of deposit at two banks, the brokerage account, and eighty acres of Sibley County farmland stayed exactly where they were, in their own names. Nobody noticed, because nothing about a revocable trust changes day to day. It was noticed eight years later, when the surviving spouse died and her children found that the trust they had been told would keep everything out of probate held a single checking account.

That story is ordinary, and it is the reason funding a trust deserves its own conversation. The document decides who gets what and who is in charge. Title decides what the document actually controls. This post walks through what funding means, how each common asset gets into a trust, what is better left out, and what happens to anything that was missed.

What funding a trust means

Minnesota's Trust Code describes how a trust comes into being. Under Minnesota Statutes section 501C.0401, a trust may be created by transferring property to a trustee, or by an owner declaring that they hold identifiable property as trustee. Both methods turn on property. A trust document with nothing titled to it is a set of instructions waiting for something to govern.

In practice, funding a revocable trust means changing how each asset is titled, from your own name to your name as trustee. An account owned by Jane Olson becomes an account owned by "Jane Olson, Trustee of the Jane Olson Revocable Trust dated March 3, 2017." Your attorney will tell you the exact wording the document calls for.

Most people who set up a revocable trust serve as their own trustee while they are living and able, so retitling changes very little about daily life. You still sign the checks, collect the rent, and make the investment decisions. What changes is what happens later. If you become unable to manage your affairs, or when you die, the successor trustee named in the document steps in and takes over those assets under the trust's terms, without a court appointing anyone to do it. That handoff only reaches assets the trust owns.

How to fund a revocable trust, asset by asset

Every asset has its own mechanics. Some move by a new deed or a new account, some stay where they are and name the trust as beneficiary, and some are usually better left out. Here is how the common ones sort.

Asset How it usually gets to the trust What to watch
Home, cabin, and other Minnesota real estate A new deed to you as trustee, drafted by your attorney and recorded in the county where the property sits Tell your insurance agent and your mortgage lender; confirm the property tax classification carries over
Farmland A recorded deed, the same as other real estate The cash rent lease, farm program contracts, and any contract for deed often name the owner and may need updating to match the title
Checking, savings, and certificates of deposit Retitled to you as trustee, or left in your name with the trust named as payable on death beneficiary Each bank handles its own accounts; ask each one what it needs to see
Brokerage and investment accounts A new account in the trust's name, with the holdings moved into it, or left in your name with the trust named as transfer on death beneficiary The custodian will usually ask for a certification of trust rather than the full document
IRAs, 401(k)s, and other retirement accounts Not retitled. The account stays in your name and the trust may be named as beneficiary Whether to name the trust is a deliberate decision with your attorney and tax professional
Life insurance and annuities Usually by naming the trust as beneficiary Changing the owner of a policy is a separate question with its own consequences
Business interests A written assignment of the LLC membership interest or a reissued stock certificate Operating and shareholder agreements often restrict transfers; read them first
Vehicles and household goods Often left out, or covered by a general assignment your attorney prepares Low value items rarely justify the paperwork of retitling

Two items on that list deserve more than a table row.

Transferring a house to a trust in Minnesota

Real estate is the asset most likely to be left out, because moving it takes a deed, a notary, and a trip to the county recorder, and because the family still lives in the house either way. It is also the asset most likely to force a probate if it is missed.

Nothing about living in the house changes when the deed changes. What changes is who can sell it, refinance it, or hand it on without a court's involvement.

Your attorney drafts a deed from you to yourself as trustee and records it in the county where the property is located, whether that is the home in Waconia, the lake place up north, or a rental duplex in Cambridge. Three practical points come up almost every time.

The deed tax is small. Minnesota imposes a deed tax on each deed that conveys real property, and under section 287.21, when there is no consideration the tax is $1.65. Recording fees are separate, and your attorney will confirm what applies to your deed.

Homestead classification can carry over. Under section 273.124, subdivision 21, real or personal property held by a trustee, including agricultural property, is eligible for homestead classification when the grantor or the grantor's surviving spouse occupies and uses it as a homestead. The same subdivision covers certain relatives of the grantor and family farm entities that rent the land. The county assessor applies the rule, so confirm the classification after the deed records.

The lender and the insurer need to know. A mortgage lender will want to know about the change, and your insurance agent can tell you how the homeowner's policy should reflect the trust as owner of record. Some lenders ask that a home be deeded out of the trust to refinance and then deeded back afterward, which is one more reason to keep a funding checklist current.

The transfer on death deed alternative

Some families use a different tool for real estate. Minnesota allows a transfer on death deed under section 507.071, and subdivision 9 permits one to name the trustee of a living trust, even a revocable one, as the beneficiary. Until the owner dies, the deed has no effect on title. At death, the property passes to the trustee without probate. The catch is timing: the deed is valid only if it is recorded before the owner's death. A transfer on death deed signed and left in a drawer does nothing. Whether a deed now or a transfer on death deed fits your property better is a question for your attorney.

Signed a trust years ago and not sure what is actually in it? Bring the document and a list of what you own. A trust officer can walk through it with you and tell you what to take back to your attorney. The first conversation commits you to nothing. Talk with a trust officer

What assets should not go in a trust

The retirement account is the one to get right. An IRA is an individual account. It can only be titled in the owner's own name and stays that way during the owner's lifetime. The funding step for an IRA or a 401(k) is the beneficiary designation, not the title. You can name your trust as the beneficiary, and on your death the account passes under that designation. Whether naming the trust is the right choice depends on the trust's terms and on who the beneficiaries are, and it is a decision to make on purpose with your attorney and tax professional rather than by default.

Beyond retirement accounts, the list of things commonly left out is short and practical. Everyday vehicles are usually not worth retitling. And an account you use every week for groceries can stay in your own name with a payable on death designation to the trust, which reaches the same result without new checks. The same approach works for an investment or wealth management account: a payable on death or transfer on death designation naming the trust moves it to the trustee at death without retitling it now.

Household goods and personal items are their own category. Section 501C.0603 allows a revocable trust to be amended by a written statement disposing of tangible personal property, other than money, coin collections, and property used in a trade or business, if the trust instrument refers to the writing, the settlor signs it or writes it by hand, and it describes the items and the beneficiaries with reasonable certainty. That is the usual home for the list of who gets the dining table and the quilts.

What happens to assets left out of the trust

Most attorneys pair a revocable trust with a pour-over will, which leaves anything still in your name at death to the trustee. Minnesota recognizes that arrangement in section 524.2-511. The pour-over will is a safety net. It is not a funding method, because the will only works through probate, and avoiding probate is often the reason the trust exists.

For smaller leftovers, Minnesota offers a shortcut. Under section 524.3-1201, a person claiming to be the decedent's successor can collect the decedent's property by affidavit, without a probate, when the value of the probate estate, less liens and encumbrances, does not exceed $75,000, at least 30 days have passed since the death, and no petition for a personal representative is pending or has been granted. A forgotten savings account can often move that way. A house usually cannot, because in most Minnesota markets its value alone clears the threshold.

Go back to the Glencoe family. Everything titled in the surviving spouse's name, the house, the certificates, the brokerage account, and the Sibley County land, passed through her pour-over will and into probate before it could reach the trust. The trust worked in the end. It simply took a court proceeding, a personal representative, and months of waiting to get there, which is the outcome the family paid an attorney to avoid.

Keeping a trust funded after the first year

Funding is not a one-time event. A trust is fully funded only as of the day someone last checked, and life keeps adding assets after that. A new account opened at a branch in Chaska. An inheritance from a parent. A second property bought as an investment. A business interest acquired in an Eden Prairie company. Each one lands in your own name by default unless someone thinks to title it otherwise.

A workable habit is a single funding list kept with the trust document: every asset, how it is titled, and the date it was last checked. Update it when you open or close an account, buy or sell real estate, refinance, or change a beneficiary designation. Review it with your attorney when you review the trust itself. If you have already written a grantor's guidance letter for your successor trustee, the funding list belongs in the same envelope, because it is the first document that successor will need.

When we are named successor trustee, the first thing we do is compare the trust to the title on every asset. The gap between those two lists is where families lose time.

Marc Hoffmann, Executive Vice President, Trust

Where a trust department fits

We do not draft documents, prepare deeds, or give legal or tax advice. Your estate planning attorney writes the trust and handles the real estate. What a trust department brings is the other side of the table: we see what happens to trusts years after they are signed, and an unfunded or half funded trust is one of the most common things we find when a successor steps in.

There are three ways families work with our trust and wealth management team while funding a trust. Some serve as their own trustee and hire us to manage the trust's investment account, or simply to hold it and produce the statements and tax reporting, while they keep the decisions. Some name us as successor trustee now, so the institution that will take over later has already seen the trust and the funding list. And some simply bring the document and a list of what they own and ask us to tell them what looks missing, which is a conversation, not an engagement.

The department works from the corporate office in Glencoe and the North Oaks office in the east metro, and officers travel across all 21 branches in 18 Minnesota communities, so that conversation can happen at the branch you already use. If you have not signed a trust yet, our post on setting up a trust in Minnesota covers the steps that come before funding. If you are deciding who should manage it later, read choosing a trustee in Minnesota. Families holding land will find the ownership questions covered in farm succession planning in Minnesota, and if the trust is being handed to someone new, changing trustees on a Minnesota trust explains what an incoming trustee checks first, including whether every asset is titled correctly.

Common questions about funding a trust in Minnesota

What does it mean to fund a trust?

Funding a trust means transferring ownership of assets to the trust, usually by retitling them from your own name to your name as trustee, or by naming the trust as beneficiary where retitling is not possible. Minnesota Statutes section 501C.0401 describes a trust as created by transferring property to a trustee or by an owner declaring that they hold identifiable property as trustee. A trust document with nothing titled to it has nothing to govern.

How do I transfer my house into a trust in Minnesota?

Your attorney drafts a deed from you to yourself as trustee and records it in the county where the property is located. When there is no consideration, Minnesota Statutes section 287.21 sets the deed tax at $1.65, with recording fees separate. Under section 273.124, subdivision 21, property held by a trustee remains eligible for homestead classification when the grantor or the grantor's surviving spouse occupies it as a homestead. Tell your mortgage lender and your insurance agent about the change.

Can I put my IRA in my trust?

No. An IRA can only be titled in the individual owner's name and stays that way during the owner's lifetime. You can name your trust as the beneficiary of the IRA, and on your death the account passes under that beneficiary designation. Whether naming the trust is the right choice depends on the trust's terms and the beneficiaries, and is worth deciding with your attorney and tax professional.

What happens to assets not in my trust when I die in Minnesota?

If you have a pour-over will, assets still in your name pass under the will to the trustee, which Minnesota recognizes in section 524.2-511, but they go through probate first. If the probate estate is $75,000 or less after liens and encumbrances, section 524.3-1201 allows collection by affidavit after 30 days, provided no personal representative has been appointed or petitioned for. Assets with a beneficiary or payable on death designation pass under that designation instead.

Can I use a transfer on death deed instead of deeding my house to my trust?

Minnesota Statutes section 507.071 permits a transfer on death deed, and subdivision 9 allows it to name the trustee of a living trust, even a revocable one, as beneficiary. The deed has no effect on title during the owner's life and passes the property to the trustee at death. It is valid only if recorded in the county where the property is located before the owner dies. Your attorney can tell you which approach fits your property.

Keep reading

Take the document out of the drawer

If you signed a trust more than a few years ago, the most useful thing you can do this fall takes an afternoon. Put the trust next to your latest statements and your county property tax notice, and check whether the names match. Where they do not, take the list to your attorney. If you would like a second set of eyes first, a trust officer will go through it with you. There is no obligation and no charge for the conversation.

Talk with a trust officer See how our trust team works

Growing, together.

Statutory references are to the Minnesota Statutes as published by the Office of the Revisor of Statutes, read September 21, 2026; confirm the current text before relying on it. Products purchased through a trust relationship are not FDIC insured, are not bank guaranteed, may lose value, and involve investment risk, including possible loss of the principal amount invested. Past performance cannot guarantee future results. Our services do not constitute legal or tax advice; please consult your attorney or tax professional to determine how this information may apply to your own situation. Page last reviewed September 2026.