Delaware Revocable Living Trust Form

Updated June 01, 2022

The Delaware revocable living trust is a legal form that provides an individual with the ability to designate their assets to a Beneficiary once they, the Grantor, dies. A Will serves a similar purpose, however, the assets placed in a trust are not required to pass through the court-administered probate process. The Grantor of a living trust (creator of the trust) may elect to act as Trustee and consequently maintain full control over their properties. When the Grantor dies, his/her Beneficiaries will assume ownership of the Grantor’s assets. An Irrevocable trust operates the same way for the most part, though, an Irrevocable trust cannot be modified after it has been established.

Laws – Title 12, Chapter 35 (Trusts)

How to Write

Step 1 – Download the form in Adobe PDF (.pdf)Microsoft Word (.docx), or Open Document Text (odt).

Step 2 – On the first page of the Delaware living trust form, enter the following information in the spaces provided:

  • Grantor’s name
  • Date
  • Grantor’s name
  • Grantor’s mailing address
  • Trustee’s name
  • Trustee’s mailing address
  • Name of the trust
  • Is the trust an amendment to a prior living trust?

Step 3 – Below Article 4, Section A (continued on page three (3)), supply the name of the individual(s) or organization(s) that will benefit from specific assets and detail the assets.

Step 4 – In Article 4, Section B, indicate the recipient(s) of the Grantor’s tangible assets by selecting “The Beneficiaries” or by entering the name, address, and Social Security/Tax ID # of an individual.

Step 5 – In Article 4, Section C, provide the name and address of the Pet Caretaker and of the Alternate Pet Caretaker.

Step 6 – For Section C, Part (ii), “Funding”, enter the dollar amount which is meant to be used by the Pet Caretaker for the purpose of caring for the Grantor’s pets. Below that, specify the months or years allowed before the Pet Caretaker’s funds are revoked in the event that he/she does not provide proper care for the pet(s). If there is to be no funding for the Grantor’s pet(s), select the box titled “No Funding”.

Step 7 – Proceed to Part (iii) of Section C and supply the name and address of the person responsible for ensuring that the pet care funds are being used appropriately.

Step 8 – In Section D of Article 4, “Residuary Property”, enter the name, last four (4) numbers of SSN/Tax ID #, and address of each Beneficiary (four (4) maximum).

Step 9 – For Article 10 on Page 11, specify the extent of time allowed for the Beneficiaries to make requests for accounting of the property designated to the trust.

Step 10 – Continue to Article 13, Section A and enter the name and address of two (2) Successor Trustees.

Step 11 – In Section I of Article 13, indicate whether the Trustee should be compensated for their duties by selecting either “No compensation whatsoever” or “Be paid a reasonable fee”.

Step 12 – In Article 15, specify the amount of days that an individual or organization must wait before benefiting from the trust.

Step 13 – In Article 17, indicate the Grantor’s marital situation by selecting the box that applies. If the Grantor is married, supply the name of his/her spouse.

Step 14 – In Article 18, enter the name of the Grantor’s children.

Step 15 – Article 21 asks the Grantor to provide the names of the individual(s) or organization(s) that are not permitted to benefit from the trust.

Step 16 – On Page 17, Article 22, signatures are required from the Grantor, Trustee, and the Successor Trustee. Each individual must also print their name and date the signing.

Step 17 – Below “Self-Proving Affidavit” on Page 18, complete the affidavit by entering the following:

  • 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

Step 18 – In “Notary Acknowledgement” on Page 18, it is recommended that a Notary Public completes this section by providing the following:

  • Date of witness
  • Name of Grantor
  • Commission expiry date
  • Notary’s signature
  • Notary’s printed name

Step 19 – On the final page of the trust form (Page 19), describe all assets that are to be transferred to the trust.