Updated August 02, 2023
The Iowa revocable living trust is a document into which assets are placed, allowing the Grantor (creator of the Trust) the continued use of said assets in the event they become incapacitated. A Trustee (often the Grantor gives themselves this position) manages the contents of the Trust while the Grantor is alive and distributes the assets to the Beneficiaries once the Grantor dies. If the Grantor is also the Trustee, the Successor Trustee will be in charge of distribution. In terms of settling one’s estate, a living trust can be an improvement over a will as it does not have to go through probate. Avoiding the probate process in Iowa will allow the Beneficiaries to receive their inheritance quicker and without any added expenses. The Grantor’s estate, if placed in a living trust, won’t be made public record after they die. Throughout their lifetime, the Grantor may choose to make changes or alterations to their revocable living trust document. However, this type of trust becomes irrevocable upon the Grantor’s death.
Laws – § 633A.3101
How to Write
Step 1 – Download in PDF, Microsoft Word (.docx), or Open Document Text (.odt).
Step 2 – Complete the first page of the living trust form with the following information:
- Grantor’s name
- Date
- Grantor’s name and mailing address
- Trustee’s name and mailing address
- Name of the trust
- Type of trust (amendment or new)
Step 3 – Under Article 4, Section A, the Grantor should include a list of property along with the corresponding inheritors names next to each item. This will allow the property within the Trust to be distributed properly after the Grantor’s death.
Step 4 – Section B of the same Article pertains to the distribution of personal property after the Grantor’s death. All personal property can either be given to the Beneficiaries (select box number one) or to a specific individual (select box number two and enter their name, address, and Social Security).
Step 5 – To leave the Grantor’s pets in the care of a trustworthy individual after they die, enter the name and address of the designated Pet Caretaker in Section C of Article 4. A second Pet Caretaker should be included in case something happens to the first; enter their name and address.
Step 6 – Part (ii) of Section C is used for establishing funding for the Pet Caretaker. The first box is selected if funding should be provided, and a dollar amount can be entered into the spaces provided. The Grantor may choose not to fund the Pet Caretaker and can select the second checkbox.
Step 7 – Under Part (iii) of Section C, enter the name and address of the person who will be in charge of ensuring the Pet Caretaker’s funding is being spent properly.
Step 8 – Under Section D of Article 4, include the names, Social Security numbers, and addresses of the individuals who are to receive any previously undistributed assets from the Trust.
Step 9 – Advance to the 10th Article and enter the number of months or years that must pass before a Beneficiary can make an accounting request. This will limit the number of property reports a Beneficiary can ask for.
Step 10 – Two (2) Successor Trustees must be appointed by providing their names and addresses in the fields provided under Article 13, Section A.
Step 11 – Continue to Section I of Article 13 and select the type of compensation the Trustees shall receive by ticking either the first or second checkbox.
Step 12 – Any individual must survive a certain amount of time after the Grantor dies in order to make a claim on the Trust. The number of days will be determined be entering a number in the space provided under Article 15.
Step 13 – Next, enter the marital status of the Grantor under Article 17. If the Grantor is married, the spouse’s name must be provided.
Step 14 – Article 18 must include the names of the Grantor’s children, if the Grantor does, in fact, have children.
Step 15 – Go to Article 21, “Exclusion.” At this juncture, any individuals or organizations that the Grantor does not wish to benefit from the Trust must be named.
Step 16 – To grant amendment power to the Grantor, Article 22 must be signed and dated by the Grantor, the Trustee, and the Successor Trustee.
Step 17 – Page 18 contains the Self-Proving Affidavit form. This portion of the trust must include the State and County in which it was created and must be signed and dated by the Grantor, the Trustee, the Successor Trustee, the 2nd Successor Trustee, and two (2) witnesses. A notary public can fill out the last section of the affidavit.
Step 18 – The last page is a series of blank fields which should be used to write out a complete list of all assets transferred into the Trust.
