Indiana Revocable Living Trust Form

Updated April 14, 2022

The Indiana revocable living trust is a legal document created for holding a person’s (Grantor) assets. The Grantor has continued access to their estate and all property and assets are distributed by the Trustee to the named Beneficiaries after the Grantor dies. The main benefit of an Indiana revocable trust is a person’s estate is kept private after they die and will not be processed in probate court. While an irrevocable trust maintains full ownership of one’s assets, assets within a revocable trust are still technically owned by the Grantor. Therefore, this type of trust does not protect the assets from estate taxes or creditor claims. However, it does allow the Trustee (or Successor Trustee if Grantor is also the Trustee) to keep control over the Grantor’s estate instead of a conservator, which would be the case if the Grantor only had a will. A Grantor has the power to change the Trust document but, once they die, a revocable living trust becomes irrevocable.

Laws – IC 30-4-3-1.5

How to Write

Step 1 – Download in Adobe PDFMicrosoft Word (.docx), or Open Document Text (.odt).

Step 2 – Fill in the blank field under the title of the living trust form and enter the date below it. Next, provide names and addresses for both the Grantor and Trustee. Complete the necessary areas in Article 1 including the name of the Trust and whether or not it is an amendment of a pre-existing trust.

Step 3 – Complete Article 4, Section A by providing a list of property and the names of the individuals/organizations to whom they will be bequeathed after the Grantor’s death.

Step 4 – Continue under Article 4 to Section B and select the person(s) who will receive the Grantor’s personal property after they die. The two options are; the Beneficiaries; or a specific individual (enter their name, address, and Social Security/Tax ID number.)

Step 5 – Still under Article 4, complete the section labeled “Pet Trust” by entering the name and address of the desired Pet Caretaker. This person shall take on all responsibilities associated with the care of the deceased Grantor’s pets. They might be unable to perform these duties, which is why a second name and address should be entered in the spaces provided.

Step 6 – Part (ii) of the “Pet Trust” section is used for the Pet Caretaker’s funding. Select either the first checkbox and provide a dollar amount or select the second checkbox if no funding should be provided to the Pet Caretaker.

Step 7 – The last part of the “Pet Trust” section, Part (iii), asks for the name and address of the person who will oversee the Pet Caretaker’s expenditures. This is to ensure that the funding is only being used for pet care-taking.

Step 8 – Go down to Section D of Article 4 and write the names, Social Security numbers (or Tax ID numbers), and addresses of the Beneficiaries who will receive any previously undistributed income or property.

Step 9 – The next empty field to be completed is under Article 10, “Accounting.” A period of time must be established to limit the number of reports a Beneficiary can request concerning the assets held within the Trust.

Step 10 – Under Article 13, a Successor Trustee must be appointed; enter their name and address. A 2nd Successor Trustee must also be named (with an address provided) in case the Successor Trustee cannot complete the required duties.

Step 11 – Locate Section I of Article 13 and provide the type of compensation the Trustees shall receive. If no compensation is to be provided, select the first checkbox. Otherwise, select the second checkbox so the Trustees may receive fair payment for their services.

Step 12 – Next, Article 15 must be supplied with a specific number of days to institute the amount of time after which a claimant must survive the Grantor in order to benefit from the contents of the Trust.

Step 13 – Article 17 will contain information on the Grantor’s spouse. If they do not have a spouse, select the first checkbox. If they are married, the second checkbox must be filled in and the name of the spouse entered into the appropriate field.

Step 14 – In the middle of page 16 is Article 18, “Children.” Enter the names of the Grantor’s children or leave the field blank if the Grantor has no children.

Step 15 – For the sake of accuracy and clarity, Article 21 allows a person to name individuals or organizations they wish to specifically exclude from the Trust. Enter the names in the blank space provided.

Step 16 – During their lifetime, the Grantor is allowed to make changes to or completely revoke the Trust. In order for this action to be authorized, the Grantor, the Trustee, and the Successor Trustee must include their signature, printed name, and the date under Article 22.

Step 17 – Perhaps the most important section of the Indiana revocable living trust form is the Self-Proving Affidavit. This page must include the following information as well as the acknowledgment from a notary public:

  • State
  • County
  • Grantor’s signature and the date
  • Trustee’s signature and the date
  • Successor Trustee’s signature and the date
  • 2nd Successor Trustee’s signature and the date
  • Two (2) witness signatures and the dates for each

Step 18 – All assets and property held within the Trust must be listed on the “Attachment A” portion of the living trust form.