Updated August 02, 2023
The New Jersey revocable living trust form is used to allow the Beneficiaries of an estate to avoid the probate process when the estate is distributed. As opposed to a Will, the estate is put into a trust and quickly divided upon the Grantor’s death or incapacitation. Once a revocable living trust has been created, the Grantor will continue to benefit from the assets placed therein during their lifetime. Unlike with an irrevocable living trust, the Grantor of a revocable living trust retains the right to revoke or amend their trust at any time. Especially when used for larger estates, a living trust can save a lot of money in legal fees and allow for the prompt distribution of assets.
Laws – § 3B:31-42 to § 3B:31-45
How to Write
Step 1 – Download in PDF, Microsoft Word (.docx), or Open Document Text (.odt).
Step 2 – Start filling out the form by providing the name of the Trust and the date. Next, supply the name and address of the Grantor and Trustee.
Step 3 – Complete the first page of the form by entering the Trust name and indicating whether this is a new Trust or an amendment.
Step 4 – In Article 4, Section A, provide the details of any “Specific Distributions” into the blank field.
Step 5 – Under Section B, select whether personal property is to be distributed to either the Beneficiaries or to a specific individual. If the second option is selected, provide the individual’s name, address, and SSN or TIN.
Step 6 – Section C of Article 4 must be completed only if the Grantor has pets. If the Grantor has no pets, proceed to Step 9 of this guide. Complete this section by first providing the name and address for a Pet Caretaker and an Alternate Pet Caretaker.
Step 7 – If the Grantor wishes to provide funding for the Pet Caretaker, select the first checkbox and provide the dollar amount of funding and the amount of time that care should be given to the pet(s). If no funding is given, select the second checkbox.
Step 8 – Next, provide the name and address of the person appointed to monitor the Pet Trust.
Step 9 – Section D of Article 4 allows for up to four (4) Beneficiaries to be appointed in the Trust. Provide the name, SIN or TIN, and address of each Beneficiary in the indicated fields.
Step 10 – Moving on to Article 10, enter the interval of time that Beneficiaries must wait before having an accounting of the Trust properties.
Step 11 – A Successor Trustee and 2nd Successor Trustee must be appointed by providing their names and addresses in Article 13, Section A.
Step 12 – In Article 13, Section I, select the appropriate checkbox to indicate whether the Trustee is to be given no compensation or to be paid a reasonable fee.
Step 13 – Beneath Article 15, enter the amount of time after the Grantor’s death that survivor’s must wait to make a claim on the Trust.
Step 14 – In Article 17, select the appropriate checkbox to indicate whether or not the Grantor is married. If they are, enter the spouse’s name into the appropriate field.
Next, select the appropriate checkbox to indicate which estate is to benefit (the Grantor’s or their spouse’s) if, in the event of both of their deaths, it cannot be determined who was the first to become deceased.
Step 15 – Article 18 requires that you list any children that the Grantor may have into the blank space.
Step 16 – Under Article 21, list any individuals or organization which the Grantor wishes to exclude from the Trust.
Step 17 – Next, under Article 22, the Grantor, the Trustee, and the Successor Trustee must each provide their signature, printed name, and the date.
Step 18 – On the “Self-Proving Affidavit” the following information and signatures must be provided in the indicated fields:
- 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” section must be completed by a Notary Public in order to formerly notarize the Trust (recommended but not required).
Step 20 – Finally, complete “Attachment A” by providing a complete list which describes all of the assets and property to be held within the Trust.
