Updated June 29, 2022
The Ohio revocable living trust form is a document that places the assets and property of the Grantor into a trust so that their heirs will avoid probate when the Grantor’s estate is distributed. The Grantor will continue to benefit from their assets during their lifetime and, as opposed to an irrevocable living trust, they retain the right to revoke or amend their Trust. As opposed to a Last Will and Testament, the contents of a living trust are not made public knowledge upon the death of the Settlor/Grantor. Furthermore, this document also includes an Incapacity Clause, which ensures that the Grantor will continue to benefit from the Trust in the event that they become incapacitated or unable to communicate. By avoiding probate, having a revocable living trust can save a lot of time and money during the distribution of an estate.
Laws – § 5804.1
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 document by providing the Grantor’s name, the date, the Grantor’s name again, the Grantor’s mailing address, the Trustee’s name, and the Trustee’s mailing address.
Step 3 – Next, enter the “Name of the Trust” and indicate whether or not this is a new Living Trust.
Step 4 – Under Section A of Article 4, if the Grantor is distributing any specific property to particular individuals, describe the property and name the recipient for each applicable item.
Step 5 – Next, select the appropriate checkbox to indicate whether all personal property included in the Trust goes to the Beneficiaries or to a specific individual. If the second option is selected, enter the recipient’s personal information into the indicated fields.
Step 6 – If there are pets written into the trust, provide the personal information of the assigned Pet Caretaker and Alternate Pet Caretaker in the appropriate spaces of Section C.
Step 7 – Under Section C, ii, indicate whether or not there will be funding provided for the Pet Caretaker, and if so, what the amount will be, as well as the length of time that pet care must be provided.
Step 8 – Next, provide the personal information of a 3rd Party Enforcer assigned to monitor the Pet Trust.
Step 9 – Under Section D, provide the name, SSN or TIN, and address for four (4) or less Beneficiaries.
Step 10 – Beneath Article 10, enter the amount of time after this Living Trust’s creation that Beneficiaries must wait before having an accounting of the Trust Estate.
Step 11 – Enter the name and address of the Successor Trustee and 2nd Successor Trustee
Step 12 – Below Section I, indicate whether the Trustee will receive “No compensation whatsoever” or “Be paid a reasonable fee.”
Step 13 – Moving on to Article 15, provide the number of days after the Grantor’s death must pass before a claim can be made upon the Living Trust.
Step 14 – Next, indicate the Grantor’s marriage status beneath Article 17 and, if they are, provide their spouse’s name in the indicated field.
As a precautionary measure, indicate whose estate is to benefit from the other’s should neither the Grantor nor their spouse can be determined to have died first.
Step 15 – Beneath the next article, provide the names of the Grantor’s children (if applicable).
Step 16 – Next, enter the names of any individuals who the Grantor wishes to exclude from their Living Trust under Article 21.
Step 17 – On Page 18 of the form, the signature, printed name, and date of signing must be provided from the Grantor, Trustee, and Successor Trustee.
Step 18 – On the next page, the following signatures and information 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 – The “Notary Acknowledgment” section is provided for a Notary Public to fill out to notarize the Living Trust. They will need to provide the following:
- Date of witness
- Name of Grantor
- Commission expiry date
- Notary’s signature
- Notary’s printed name
Step 20 – In Attachment A, provide a description of all of the assets and property that the Grantor is putting into their Living Trust.
