Title Holding Trusts
A flexible way to hold title to real estate while keeping ownership interests private and transferable. Exeter Trust Company serves as trustee and holds legal title to property for the benefit of the trust's beneficiaries.
Speak With a SpecialistSeparate legal title from beneficial ownership.
Hold Real Estate Through a Simple Trust Structure
A Title Holding Trust is a revocable grantor trust used to hold legal title to real estate. The trustee appears in the public record as the titleholder while the beneficial interests in the trust remain with the beneficiaries.
Legal Title
Exeter Trust Company holds legal title to the real estate as trustee.
Beneficial Interest
The beneficiaries retain the economic and beneficial interests in the trust.
Privacy
The trustee, rather than the individual beneficiaries, appears as owner in public title records.
Directed Trustee
The trustee acts in accordance with properly authorized direction under the trust agreement.
What Is a Title Holding Trust?
A Title Holding Trust is an arrangement in which a trustee holds legal and equitable title to real property under a written trust agreement for the benefit of one or more beneficiaries.
The beneficiary or beneficiaries retain the beneficial interest in the trust and direct the trustee regarding the property as provided by the trust agreement. The structure is commonly associated with real estate ownership, privacy and estate planning objectives.
The trust holds title. The beneficiaries hold the beneficial interest.
This separation can provide flexibility in how real estate ownership is structured, administered and transferred.
Why Use a Title Holding Trust?
Title Holding Trusts can be used for a variety of ownership and planning objectives. The appropriateness of each benefit depends on the property, the parties and the advice of their legal and tax professionals.
Privacy of Ownership
The trustee's name can appear in public real estate records rather than the names of the individual beneficiaries.
Ease of Beneficial Transfers
Beneficial interests in the trust may be assigned or transferred without changing the name of the trustee shown on title, subject to applicable law and the trust agreement.
Estate Planning Flexibility
The trust structure can be incorporated into broader estate and succession planning strategies developed with qualified advisors.
Multiple Beneficiaries
A Title Holding Trust can provide a structure for holding property for the benefit of multiple parties with defined beneficial interests.
Centralized Title
Legal title remains in the name of the trustee even when beneficial interests change, helping simplify the title-holding structure.
Directed Administration
Exeter acts as trustee and administers the title in accordance with authorized direction and the governing trust documents.
A Straightforward Title-Holding Structure
The trust agreement establishes the relationship among the property, the trustee and the beneficiaries and defines how the trustee may act.
Establish the Trust
The parties work with their legal and tax advisors to establish the Title Holding Trust and define the beneficiaries, powers and direction provisions.
Transfer Title
Legal title to the real estate is conveyed to Exeter Trust Company in its capacity as trustee of the Title Holding Trust.
Direct the Trustee
The authorized beneficiary or directing party provides instructions to the trustee regarding actions involving the property as permitted by the trust agreement.
Flexible Real Estate Ownership for a Range of Situations
Title Holding Trusts may be used in residential, commercial and investment real estate structures when the parties want a trustee to hold title on behalf of the beneficial owners.
Investment Real Estate
Hold title to investment property while maintaining the beneficial ownership interests through the trust structure.
Multiple-Party Ownership
Provide a title-holding structure where multiple beneficiaries have defined interests in the same real property.
Estate & Succession Planning
Use the trust as one component of a broader ownership, estate or succession strategy developed with professional advisors.
Professional Trustee Services With Deep Real Estate Experience
Title Holding Trusts sit at the intersection of trust administration and real estate, two areas where Exeter has extensive experience.
Professional Trustee
Exeter Trust Company serves as trustee and administers title according to the governing trust documents.
Real Estate Experience
Work with a team familiar with real estate transactions, ownership structures and specialized trust arrangements.
Responsive Support
Access knowledgeable professionals when trustee action or documentation is required.
Licensed & Regulated
Exeter Trust Company is licensed, regulated and audited by the Wyoming Division of Banking.
A Title Holding Trust Is a Title and Administration Tool
The trustee holds title and performs the duties assigned under the trust agreement. The beneficiaries retain their beneficial interests and remain responsible for the economic benefits and obligations associated with the property as applicable.
A Title Holding Trust should be established as part of a properly designed legal, tax and estate planning strategy. Exeter does not determine whether the structure is appropriate for a particular property or owner.
A professional trustee to hold real estate title:
Talk With an Exeter Trust Company Specialist.
Tell us about the property and the title-holding structure you are considering. Our team can explain Exeter's trustee role and work with you and your professional advisors to determine the next steps.