New Hampshire Revocable Living Trust Form

Updated April 14, 2022

The New Hampshire revocable living trust form is similar to a Will in function but with several key differences in practice. First of all, in a living trust, the Grantor’s assets are placed into a trust, where it is kept until such a time that it will be divided amongst the named Beneficiaries; either upon the death or the mental incapacity of the Grantor. The Grantor continues to benefit from their assets and can name themselves as the Trustee to retain control of the trust during their lifetime. At any point, the Grantor can change, amend, or revoke their trust as they see fit. Because it is a living trust, the Beneficiaries will avoid probate when the trust is divided.

Definition –  § 564-B:1-103(13)

Laws – § 564-B:6-601 to § 564-B:6-604

 How to Write

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

Step 2 – Open the document and, either fill it out on your computer or print it out and complete it by hand. On the first page of the document, provide all of the information listed below into the indicated fields:

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

Step 3 – Next, provide the “Name of the Trust” and indicate whether this is a new Trust or an amendment to a previous one.

Step 4 – At the top of the third page, under “A,” enter the names of any individuals receiving “Specific Distributions” and name the property that they are to receive.

Step 5 – Next, under section “B,” indicate whether the Beneficiaries or one individual will receive all personal property. If you selected the second option, you must provide this individuals name, address, and SSN or TIN.

Step 6 – If the Grantor has no pets, skip this step and proceed to Step 9. Any pets included in the trust must have an appointed Pet Caretaker and an Alternate Pet Caretaker. Their names and address must be written into the indicated spaces of section “C.”

Step 7 – If the Grantor is setting aside funding for the Pet Caretaker, check the appropriate box and enter the dollar amount of funding provided and the length of time that the pet must be cared for. Otherwise, select “No Funding.”

Step 8 – In “iii,” enter the name and address of the person appointed to ensure that the pet is properly cared for and that the Trust for Pets is properly managed.

Step 9 – In section “D,” you will need to provide the following information for up to four (4) Beneficiaries:

  • Name
  • Last 4 digits of SSN or TIN
  • Address

Step 10 – Beneath “Article 10,” you must enter the amount of time that must pass before anyone can request an accounting of the Trust.

Step 11 – Under “Article 13,” provide the names and addresses of the two (2) Successor Trustees appointed by the Grantor. The Second Successor Trustee will take the Successor Trustee’s place if they are unable to fulfill their duties.

Step 12 – Moving onto section “I” of “Article 13,” select the appropriate checkbox to indicate whether or not the Trustee will be offered financial compensation (“a reasonable fee”).

Step 13 – In “Article 15,” enter the number of days that must pass from the day of the Grantor’s death before any person or organization can make any claim on the trust.

Step 14 – If the Grantor is married, select the checkbox that indicates this is the case and enter the spouse’s name. If the Grantor isn’t married, select “Is Not Married.”

Next, use the checkboxes to indicate whether the Grantor’s or the Spouse’s estate is to benefit in the event that neither person can be determined as the first to die.

Step 15 – Enter the names of any children that the Grantor has into the blank field found beneath “Article 18.”

Step 16 – Any parties that the Grantor is excluding outright from the Trust should be listed under “Article 21.”

Step 17 – Under “Article 22,” the following signatures and information must be provided in the appropriate fields:

  • Grantor’s signature
  • Grantor’s printed name plus date of signing
  • Trustee’s signature
  • Trustee’s printed name plus date of signing
  • Successor Trustee’s signature
  • Successor Trustee’s printed name plus date of signing

Step 18 – All of the signatures and information listed below must be provided 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 – If a Notary Public is present for the signing of the “Self-Proving Affidavit,” they should complete the “Notary Acknowledgement,” by providing the following information:

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

Step 20 – Beneath “Attachment A,” space is provided where you must list and describe all of the assets and property being placed into this Trust.