Updated August 02, 2023
A revocable living trust is created by an individual (the Grantor) for the purpose of holding their assets and property and dictating how said assets and property will be distributed upon their death. The Grantor maintains ownership over their assets and they can make alterations to the document or choose to revoke the Trust at any point in their lifetime. The Grantor may appoint themselves Trustee (manager of the Trust) but must also appoint a Successor Trustee in case they become incapacitated or in the event of their death. Once the Grantor dies, a revocable trust becomes irrevocable and the Trustee (or Successor Trustee) will distribute assets within the Trust to the Beneficiaries as per the Grantor’s instructions. Both revocable and irrevocable trusts bypass the probate process, but a revocable trust does not protect from estate taxes.
Revocable vs Irrevocable – A revocable trust is able to be edited or terminated by the Grantor and the Grantor can choose to name themselves Trustee. An irrevocable cannot be altered once created and all assets are owned by the Trust instead of the Grantor. This separation can help protect the contents of the Trust from estate taxes and undesirable claimants or lawsuits.
Revocable Trusts by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- Washington D.C.
- West Virginia
- Wisconsin
- Wyoming
How to Write
Step 1 – Download the State-specific form or the generic version in PDF (.pdf), Microsoft Word (.docx), or Open Document Text (.odt).
Step 2 – The first page of the trust document must have the Grantor’s name at the top of the page with the date of creation below it. Next, the names and addresses of both the Grantor and the Trustee must be entered. Under Article 1, create a name for the Trust and check the box that applies to the type of document being created; amended or new.
Step 3 – Next, locate Article 4, Section A and create a list of property to be distributed after the Grantor’s death. The corresponding names of the individuals or organizations to whom the property will be transferred should be included next to each item.
Step 4 – Under Section B of Article 4, one of the two (2) checkboxes must be selected to provide distribution instructions for the Grantor’s personal property after death. Either the named Beneficiaries can receive the personal property or a specific individual (this option requires the name, address, and Social Security number of the individual).
Step 5 – Article 4, Section C has to do with the care of the deceased Grantor’s pets. Enter the name and address of the individual who will be appointed “Pet Caretaker.” Provide a second name and address for an “Alternate Pet Caretaker,” who will assume responsibility of the Grantor’s pets should the first Pet Caretaker be unable to fulfill the necessary duties.
Step 6 – Continue to Part (ii) of Article 4, Section C to establish the type of funding the Pet Caretaker will receive. To provide funding, select the first checkbox and enter a dollar (US) amount. To provide no funding, select the second checkbox.
Step 7 – Under Article 4, Section C, Part (iii), the Grantor must appoint a “3rd Party Enforcer”. This individual will make sure that the pets are in good hands and that the funding is being spent solely on pet-related care.
Step 8 – Article 4, Section D asks for the names, Social Security numbers, and addresses of up to four (4) Beneficiaries. Once the Grantor dies, these Beneficiaries will receive equal shares of all residuary property previously undistributed.
Step 9 – The field provided under Section E of Article 4 must be complete with the name of the State in which this document is being created.
Step 10 – Under Article 10, the Grantor can establish a limit to the number of requests made by Beneficiaries for the accounting of the Trust’s contents. Enter a number in the space provided and choose either “Months” or “Years.”
Step 11 – The Grantor must appoint a Successor Trustee and a 2nd Successor Trustee. This section is found under Article 13, Section A. Enter the names and addresses of both Successor Trustees.
Step 12 – Next, go to Section I of Article 13, “Compensation of Trustee.” The Grantor can choose to provide no compensation for the Trustees (first box) or some compensation (second checkbox).
Step 13 – Article 14 requires the name of the State in which the document is being created.
Step 14 – Article 15 pertains to the number of days a person must survive the Grantor in order to make a claim on the Trust. Enter a number in the space provided.
Step 15 – To provide the marital status of the Grantor, select one of the checkboxes under Article 17. If the second checkbox was selected, enter the name of the Grantor’s Spouse.
Continue under Article 17 and establish how the property and assets within the Trust will be transferred if both Grantor and the Grantor’s Spouse die at the same time and it is indeterminable who died first. Select either the first checkbox (Grantor Dies First) or second checkbox (Grantor Dies Second).
Step 16 – Enter the names of all the Grantor’s children under Article 18.
Step 17 – Under Article 21, the Grantor can choose to exclude certain individuals or organizations from benefiting from the Trust once they die. Enter the names of these individuals/organizations in the space provided.
Step 18 – To grant the Grantor power to revoke or alter the Trust, signatures from the Trustee and Successor Trustee, along with the Grantor, must be provided under Article 22. Names and dates should be entered in the empty spaces below the signature fields.
Step 19 – On the Self-Proving Affidavit form, enter the State and County in which this Trust is being created. Next, the Grantor, Trustee, Successor Trustee, 2nd Successor Trustee, and two (2) witnesses must sign the affidavit and include the date. The last portion of this document should be completed by the notary public (if present).
Step 20 – Use Attachment A (last page) to itemize all assets and property that will be assigned to the Trust.
