North Dakota Revocable Living Trust Form

Updated April 14, 2022

The North Dakota revocable living trust is used to allow the Grantor’s inheritors to avoid probate when the Grantor’s estate is distributed. This document puts provisions in place for how the Grantor’s interests are to be handled in the event of their sudden incapacitation or death. Whereas an irrevocable living trust cannot be revoked or changed once created, the revocable living trust may be changed or amended by the Grantor/Trustee at any time. Furthermore, the Grantor continues to benefit from any income generated by assets placed in the trust during their lifetime. Creating a revocable living trust can save money on the legal fees associated with probate, thus ensuring that the Beneficiaries will benefit from the trust without undue delay.

Laws – Chapter 59-14 (Revocable Trusts)

How to Write

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

Step 2 – Begin filling out the living trust form by providing the Grantor’ name, the date, the Grantor’s address, and the name and address of the Trustee.

Step 3 – Next, in Article 1, provide the name of the trust and indicate whether this is a new trust or an amendment to prior one.

Step 4 – In Article 4, Section A, describe any property which is being specifically distributed and to which organization or individual.

Step 5 – In the next section of Article 4, indicate whether the Beneficiaries or a specific individual is to receive all personal property. If the latter option has been selected, enter the personal information of the property’s recipient into the indicated spaces.

Step 6 – Section C is to be completed only if the Grantor has one or more pets. If they don’t have pets, skip ahead to Step 9. If they do, enter the personal information of the appointed Pet Caretaker and Alternate Pet Caretaker.

Step 7 – If funding is to be provided for the Pet Caretaker, indicate this is the case by selecting the appropriate check box and provide the amount of funding and the length of time the pet(s) are expected to be cared for. If no funding is given, select the second checkbox.

Step 8 – Provide the personal information of the person appointed to monitor the Pet Caretaker and Pet Trust.

Step 9 – Next, enter the personal information of the appointed Beneficiaries into the indicated fields of Section D (space is given for up to four (4) Beneficiaries).

Step 10 – Next, you will need to fill out Article 10. Enter the amount of time from the Trust’s creation that must pass before any Beneficiary has the right to request information regarding the Trust.

Step 11 – Article 13, Section A, requires that the personal information of the appointed Successor Trustee and 2nd Successor Trustee be supplied.

Step 12 – In Section I of Article 13, use the checkboxes to indicate whether the Trustee will be offered any compensation for fulfilling their duties.

Step 13 – Under Article 15, write how the number of days that the Grantor must be survived for anyone to claim or benefit from the Trust.

Step 14 – If the Grantor is married, indicate this is the case by selecting the appropriate check box and providing their spouse’s name. If not, select the box marked “Is Not Married.”

If the Grantor has a spouse, it must also be indicated whose estate will benefit from the other in the event that neither individual can be determined to have died first.

Step 15 – If the Grantor has any children, provide their names under Article 18.

Step 16 – Beneath Article 21, list the names of anyone who the Grantor is excluding from the Trust.

Step 17 – On Page 17, the Grantor, the Trustee, and the Successor Trustee must all provide their signatures, as well as print their names and the date that the document is signed.

Step 18 – On page 18, provide the following in the “Self-Proving Affidavit”:

  • 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 – The “Notary Acknowledgement” should be completed by a Notary Public. This part is recommended, but not required.

Step 20 – Fill out “Attachment A” by entering a description of all of the Grantor’s assets and property which are included in the Trust.