Updated June 29, 2022
The Alabama revocable living trust is an entity created by an individual (the Grantor) into which they can transfer property and assets throughout their lifetime. The document will contain instructions for a Trustee (or Successor Trustee if the Grantor chooses to appoint themselves Trustee) on how to manage said assets should the Grantor become incapacitated or in the event of death. The main benefit of creating a revocable trust is that the Beneficiaries can avoid a long and complicated probate process after the death of the Grantor. The advantages a revocable living trust have over an irrevocable living trust is the ability for the Grantor to appoint themselves Trustee and the power to amend the Trust at any time. All items placed in the trust remain subject to State and Federal estate taxes.
Irrevocable Living Trust – Not allowed to be amended or voided by the Grantor. Although, any and all property placed in this type of trust will avoid the probate process and most taxes caused by the Grantor’s death.
Revocable Trust Laws – § 19-3B-602
How to Write
Step 1 – Download in Adobe PDF (.pdf), Microsoft Word (.docx), or Open Document Text (.odt).
Step 2 – The first page of the Alabama revocable living trust form must be filled in with the following information in the following order:
- Grantor’s name
- Date
- Grantor’s name
- Grantor’s mailing address
- Trustee’s name
- Trustee’s mailing address
- Name of the trust
Step 3 – Under Article 4, Section A (continued on page three (3)) provides a list of property with the corresponding inheritors.
Step 4 – Article 4, Section B must be completed by either checking the box marked “The Beneficiaries” or entering the name, address, and Social Security/Tax ID # of the individual to whom all personal property will be bequeathed.
Step 5 – Enter the name(s) and address(es) of the individual(s) who will be appointed Pet Caretaker at the time of the Grantor’s death or incompetency under Article 4, Section C.
Step 6 – Section C Part (ii), “Funding”, must be completed with the dollar amount which will be used solely for the care of the Grantor’s pets by the Pet Caretaker. Next, enter the number of months or years before the funds will be revoked should the caretaker fail to claim responsibility for the pet(s). Alternatively, if no funding is to be provided, tick the box labeled “No Funding”.
Step 7 – Continue to Part (iii) of Section C and enter the name and address of the individual who will be responsible for making sure the funds are used properly and that the pets are receiving the care they need.
Step 8 – Section D of Article 4, “Residuary Property”, asks for the names of up to four (4) Beneficiaries. The last 4 digits of Social Security or Tax ID numbers must be included along with the individual’s physical address.
Step 9 – The next section to be filled out is within Article 10 on page eleven (11). Select a period of time that will limit the number of requests Beneficiaries can make of an accounting of the property and assets within the trust.
Step 10 – Scroll down to page 12, Article 13, Section A and provide the names and addresses of the appointed Successor Trustees.
Step 11 – Continue to Section I under Article 13 and select either “No compensation whatsoever” or “a reasonable fee” regarding compensation of the Trustee.
Step 12 – Under Article 15, enter the number of days which will represent the time an individual or organization has to make a claim after the Grantor’s death.
Step 13 – Tick the box that applies to the Grantor’s current marital situation under Article 17. If the Grantor is married, enter the name of their spouse.
Step 14 – Enter the names of the Grantor’s children under Article 18 on page 16.
Step 15 – Article 21 requests that the creator enter the names of the individuals and/or organizations that will be excluded from the Trust.
Step 16 – Article 22 must be signed by the Grantor, Trustee, and Successor Trustee to allow the Grantor make amendments to the Trust throughout their lifetime as they see fit. Names must also be printed and dates on which the document was signed must be included.
Step 17 – On Page 18, the Self-Proving Affidavit must be completed by filling in the following information:
- State
- County
- Grantor’s signature plus the date
- Trustee’s signature plus the date
- Successor Trustee’s signature plus the date
- 2nd Successor Trustee’s signature plus the date
- Witness Signature plus the date
- 2nd Witness Signature plus the date
A public notary must complete the last section of the Self-Proving Affidavit.
Step 18 – The last step is to enter all assets that are to be transferred into the Trust under Attachment A on Page 19.
