New York Revocable Living Trust Form

Updated June 29, 2022

The New York revocable living trust form is a legal document that is used to put a person’s assets and property into a trust. The Grantor (the creator of the trust) will continue to benefit from their assets and income until such a time that they become incapacitated or die, in which case it will be divided amongst the indicated Beneficiaries. Creating a living trust ensures that the beneficiaries will not have to go through a long and costly probate process and, once created, lays out how the Grantor’s estate and income are to be managed should they suddenly become ill, die, or be unable to communicate. The advantages of creating a revocable living trust instead of a living trust are that the Grantor can revoke or amend the trust as they see fit and they are able to benefit from their assets during their lifetime.

Laws – § 7-1.9

How to Write

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

Step 2 – On the first page of the Trust document, provide the information listed below into the appropriate fields.

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

Step 3 – In “Article 1,” enter the Trust’s name and indicate whether this is a new Trust or an amendment to a prior one.

Step 4 – At the top of page 3, you will have to identify any “Specific Distributions” that will be included in the Trust by naming the property and the individual who will receive it.

Step 5 – Next, under section “B” of “Article 4,” indicate whether the personal property included in the Trust is being distributed to the Beneficiaries or given to an individual person. If the Trust property is being given to a “Personal Property Beneficiary,” you must provide their name, address, and SSN or TIN.

Step 6 – In section “C,” if the Grantor has pets, enter the name and address of a primary Pet Caretaker and an Alternate Pet Caretaker. These individuals will be responsible for caring for the Grantor’s pet(s) if he/she dies or is incapacitated.

Step 7 – If there are pets included in the Trust, you will next need to indicate whether the Pet Caretaker is to receive funding (Article 4, Section C, ii). If they are, you will have to enter the amount of funding to be allocated and the length of time that the pet is expected to be cared for.

Step 8 – The final step for the Pet Trust section of the form asks that you provide the name and address of the person appointed to monitor the Pet Trust (the 3rd Party Enforcer).

Step 9 – On the next page, provide the name, SSN or TIN, and address for each Beneficiary of the Trust.

Step 10 – Next, at the bottom of page 11, enter the amount of time that a Beneficiary must wait to have an accounting of the Trust Estate.

Step 11 – On the next page, under “Article 13,” supply the name and address for the Successor Trustee and the 2nd Successor Trustee.

Step 12 – At the bottom of page 14, in section “I” of “Article 13,” you will need to indicate whether the Trustee is to receive any compensation for their duties.

Step 13 – Next, enter the number of days that must pass from the Grantor’s passing for anyone to lay a claim to the Trust Estate.

Step 14 – Further down that page, beneath “Article 17,” indicate whether the Grantor is married, and if they are, what the name of their spouse is.

If the Grantor has a spouse, it must be decided which estate is to benefit from the other if they both die under circumstances where it cannot be determined which person died first. Indicate how this situation is to be treated by selecting the appropriate checkbox.

Step 15 – If the Grantor has any children, they must be listed under “Article 18.”

Step 16 – If there are any parties who are forthwith excluded from this Trust, provide their names beneath “Article 21.”

Step 17 – The following signatures and information must be provided on page 17:

  • Grantor’s signature
  • Grantor’s printed name
  • Date of signing
  • Trustee’s signature
  • Trustee’s printed name
  • Date of signing
  • Successor Trustee’s signature
  • Successor Trustee’s printed name
  • Date of signing

Step 18 – On the next page, the additional signatures and information listed below must be provided in order to complete 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 – It is recommended that you have your living trust notarized by having a Notary Public complete the “Notary Acknowledgement” section.

Step 20 – Finally, on the last page of the document, provide a list of all the property, income, and other assets that are being put into the Trust.