Mississippi Revocable Living Trust Form

The Mississippi revocable living trust is a legal document which enables its creator (the Grantor) to place their estate into a trust in order to avoid probate at such a time that their estate is distributed. Not only does a revocable living trust bypass the litigation of an estate, it also keeps the distribution private, which helps allow for the estate to be divided without conflict. The Grantor appoints a Trustee to manage the trust (often themselves) and a Successor Trustee to become Trustee to take over in the event that the active Trustee falls ill or becomes incapacitated. While a revocable living trust doesn’t offer all of the tax benefits that an irrevocable living trust does, it allows for the Grantor to continue to benefit from their assets and the trust can be revoked or amended during their lifetime.

Definition – § 91-8-103(24)

Laws – Title 91, Chapter 8, Article 6 (Revocable Trusts)

How to Write

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

Step 2 – The following information must be provided on the first page of the Mississippi Revocable Living Trust form:

  • Grantor’s name
  • Date
  • Grantor’s name
  • Grantor’s mailing address
  • Trustee’s name
  • Trustee’s mailing address

Step 3 – Beneath Article 1, enter the name of the trust and indicate whether this is a new trust or an amendment.

Step 4 – Next, under Section A of Article 4, enter any distributions of property to be made towards specific individuals or organizations by identifying the piece of property and recipient.

Step 5 – Under section B of Article 4, select whether the Trust Estate is bequeathed to The Beneficiaries or a specific individual. If the latter is selected, provide their name, address, and SSN or TIN.

Step 6 – If there is one or more pets included in this trust, indicate the names and addresses for a Pet Caretaker and Alternate Pet Caretaker.

Step 7 – Next, indicate whether the Trust will be providing funding for the Pet Caretaker (if applicable). If so, enter the amount of funding in US dollars and provide the amount of time that the pet must be cared for in Months or Years.

Step 8 – In section “iii. 3rd Party Enforcement,” if applicable, provide the name and address of an individual appointed as a 3rd Party Enforcer for the Pet Trust.

Step 9 – Under Section D, enter the names and addresses of up to four (4) Beneficiaries of the Trust.

Step 10 – On Page 11 of the document, under Article 10, provide the length of time after the Trust’s creation that the Beneficiaries must wait before requesting an accounting of the Trust Estate.

Step 11 – Provide the names and addresses of the Successor Trustee and the 2nd Successor Trustee into the indicated fields of Article 13, section A.

Step 12 – Under Section, I of Article 13, indicate whether the Trustee will receive “No compensation whatsoever” or if they will “Be paid a reasonable fee from the Trust Estate.”

Step 13 – In Article 15, indicate the number of days that Beneficiaries must wait after the Grantor’s death to claim their share of the Trust Estate.

Step 14 – Next, in Article 17, use the checkboxes to indicate whether the Grantor is married and if so, enter the name of the Grantor’s Spouse.

If the Grantor has a spouse, it must be indicated whether the Grantor’s or the spouse’s estate will be claimed by the other, in the event that it isn’t determinable who died first.

Step 15 – Under “Article 18,” enter the names of the Grantor’s children (if any).

Step 16 – In Article 21, enter the name(s) of anyone excluded outright from the Trust (if applicable).

Step 17 – Next, in Article 22, the Grantor, Trustee, and Successor Trustee must provide their signature, printed name, and the date.

Step 18 – In order to complete the “Self-Proving Affidavit,” the following information and signatures must be provided:

  • 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 19 – It is recommended that the Trust is notarized by having a Notary Public complete the “Notary Acknowledgement.” They must provide the following details:

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

Step 20 – On the final page of the Trust document, all of the assets and property included in the Trust Estate must be listed into the space provided.