Updated August 02, 2023
The Texas revocable living trust is more commonly employed than the irrevocable living trust as a tool for managing a person’s estate. The reason being that a revocable living trust can be altered or revoked by the Grantor at any time, as their circumstances may change. During the process of creating a living trust, the Grantor will transfer ownership of their property and assets into the trust. During their lifetime, they will continue to benefit from these assets and if/when they die or are incapacitated, the trust will be distributed or managed according to the their stipulations. When the trust estate is distributed, the properties and assets can be claimed by the named Beneficiaries without having to undergo the process of probate. By avoiding probate, the Beneficiaries will not have to endure the associated inconvenience and costs.
Laws – Chapter 112 (Creation, Validity, Modification, and Termination of Trusts)
How to Write
Step 1 – Download in PDF, Microsoft Word (.docx), or Open Text Document (.odt).
Step 2 – At the top of the revocable trust form, enter the Grantor’s name and the date. The names and addresses of the Grantor and appointed Trustee must be included below that.
Step 3 – Under Article 1, create a name for the Trust and select the box that applies to this particular Trust document; either an amendment of a prior trust or an original trust.
Step 4 – Article 4, Section A provides space for the Grantor to list their property. Enter the names of the individuals/organizations beside each item to indicate who will be inheriting these properties once the Grantor dies.
Step 5 – Section B of Article 4 has two (2) boxes below it to establish who will receive the Grantor’s personal property when they die. Select only one (1) of the boxes. If the second box was selected, a name, address, and Social Security number must be included.
Step 6 – If the Grantor has any pets, they must appoint a “Pet Caretaker” under Article 4, Section C. Enter the name and address of the Pet Caretaker as well as the name and address of an “Alternate Pet Caretaker” in case the first is unable to accept the responsibilities.
Step 7 – Part (ii) is only applicable to those who completed Section C. If a Pet Caretaker has been appointed, the Grantor must decide what time of funding to provide them. A dollar amount must be entered if the first box was selected. Also, provide a number of “Months” or “Years” that the funding will last.
Step 8 – Under Part (iii) of Section C, enter the name and address of the individual who will accept the responsibility of “3rd Party Enforcer.”
Step 9 – Under Article 4, Section D, enter the names, addresses, and Social Security numbers of the Beneficiaries who will receive equal shares of any residuary property.
Step 10 – Under Article 10, an accounting-request limit must be established. Enter a number and select “Months” or “Years” to indicate how long a Beneficiary must wait between making requests on the Trust’s assets.
Step 11 – Designate a Successor Trustee and 2nd Successor Trustee under Article 13, Section A by entering their names and addresses.
Step 12 – To provide a reasonable fee for the Trustees, select the second checkbox under Article 13, Section I. Select the first checkbox to provide no compensation.
Step 13 – Go to Article 15 to establish the number of days a person must survive the Grantor after death in order to benefit from the Trust.
Step 14 – Under Article 17, the Grantor’s marital status must be noted. If they are married, the Spouse’s name must be entered in the field provided.
This part only applies if the second checkbox was selected in the step above. If both Grantor and their Spouse die at the same time, and it is indeterminable who died first, it must be established how the Grantor’s estate will be transferred. Select one (1) of the two (2) options.
Step 15 – Under Article 18, enter all the names of the Grantor’s children. If the Grantor is childless, leave this Article blank.
Step 16 – To create an even more detailed Trust document, enter the list of individuals/organizations who should be specifically excluded from the Trust under Article 21.
Step 17 – Article 22 requires signatures from the Grantor, the Trustee, and the Successor Trustee. Include printed names and the date.
Step 18 – On the Self-Proving Affidavit page, enter the State and County in which this Trust was created. Next, the Grantor, Trustee, Successor Trustee, 2nd Successor Trustee, and two (2) witnesses must sign this form and include the date. The bottom section of this page only needs to be completed by the notary public if the document was notarized.
Step 19 – On the last page of the form, provide a list of all the assets and property that will be managed by the Trustee.
