Updated August 02, 2023
The Utah revocable living trust is a legal instrument used to manage the estate of a Grantor. During their lifetime, the Grantor will continue to benefit from their trust and can appoint themselves as the Trustee in charge of managing the trust’s assets. By avoiding probate, the Beneficiaries of the trust will be able to avoid numerous probate court hearings and their associated legal costs. The Grantor has the benefit of receiving assured coverage through the Incapacity Clause of the trust document, which stipulates that in the event that the Grantor becomes incapacitated, the active Trustee will ensure that the trust is used to maintain the Grantor’s quality of living. If the Grantor wishes, they have the right to amend or revoke their trust at any time. However, once the Grantor dies, the trust will be irrevocable by other parties.
Definition – § 75-7-103(j)
Laws – § 604 to § 607 (Revocable Trusts)
How to Write
Step 1 – Download in PDF, Microsoft Word (.docx), or Open Text Document (.odt).
Step 2 – The first fields on the Trust document that must be completed are as follows:
- Grantor’s name
- Date
- Grantor’s name
- Grantor’s mailing address
- Trustee’s name
- Trustee’s mailing address
Step 3 – Next, Article 1 asks for the name of the Trust and the type of trust; either amended or new.
Step 4 – Section A of Article 4 requires a list of property with the corresponding inheritor’s name beside each item. These properties will be distributed accordingly once the Grantor dies.
Step 5 – Section B of Article 4 pertains to the Grantor’s personal property. Select one of the boxes to indicate to whom it will be bequeathed upon the Grantor’s death. If the second box was selected, a name, address, and Social Security or Tax ID number must be entered in the spaces provided.
Step 6 – Article 4, Section C involves the care of the Grantor’s pets after death. Enter the name and address of the “Pet Caretaker”. Next, enter the name and address of the “Alternate Pet Caretaker.”
Step 7 – If Section C was filled out, Part (ii) must also be completed. Indicate the type of funding that is to be provided for the Pet Caretaker.
Step 8 – A “3rd Party Enforcer” must be appointed under Section C, Part (iii). This person will be responsible for checking up on the care of the Grantor’s pets as well as the funding provided to the Pet Caretaker.
Step 9 – Article 4, Section D requires the names, Social Security, and addresses of the named Beneficiaries. These individuals will receive equal shares of all residuary property upon the Grantor’s death.
Step 10 – Under Article 10, it is expressed that a Beneficiary can ask for an accounting of the contents of the Trust. To limit the number of requests a Beneficiary can make, enter a number in the empty field and tick one of the boxes beside to indicate the time period.
Step 11 – Under Article 13, Section A, a Successor Trustee and 2nd Successor Trustee must be appointed by entering their names and mailing addresses.
Step 12 – If any compensation will be awarded to the Trustees, it should be indicated under Section I of Article 13.
Step 13 – Under Article 15, if a person does not survive the Grantor by a certain number of days, they will be unable to make a claim on the Trust. The number of days can be established at this juncture by the Grantor.
Step 14 – The Grantor’s marital situation must be revealed under Article 17 and, if they are married, the Spouse’s name can be entered in the field provided.
If both the Grantor and the Grantor’s Spouse die at the same time, and it is impossible to determine who technically died first, instructions for the transferring of the Grantor’s estate must be established. Select either “Grantor Dies First” or “Grantor Dies Second.”
Step 15 – List the Grantor’s children in the space provided under Article 18.
Step 16 – Under Article 21, the Grantor may choose to specifically exclude certain individuals or organizations from the Trust.
Step 17 – The Grantor, Trustee, and Successor Trustee must sign and date under Article 22.
Step 18 – On the second-to-last page of the Trust document, the following 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 – If a notary public was present during the signing of the document and acknowledged the signatures (recommended), they must complete the last section of the Self-Proving Affidavit.
- Date of witness
- Name of Grantor
- Commission expiry date
- Notary’s signature
- Notary’s printed name
Step 20 – Under “Attachment A”, enter all property and assets that will be transferred to the Trust.
