A revocable living trusts is a popular estate planning tool that you can use to determine who will get your property when you die. Most living trusts are “revocable” because you can change them as your circumstances or wishes change. Revocable living trusts are “living” because you make them during your lifetime. Lawyers sometimes call this “inter vivos.”
Revocable Living Trusts Avoid Probate
Most people use a living trust to avoid probate. Probate is the court-supervised process of wrapping up a person’s estate. Probate can be expensive, time consuming, and is often more of a burden than a help. Property left through a living trust can pass to beneficiaries without probate.
Learn more about probate in Nolo’s Probate FAQ.
The Trust Document
A living trust document is a written document, signed by the trust maker and a notary public. The document must list the property in the trust, name a trustee, and name who gets the property when the trust maker dies.
The trustee is the person who will take care of the property. While the trust maker is alive, the trustee is usually the trust maker and then a successor trustee takes over after the trust maker’s death.
Transferring Property Into the Trust
After the trust document is made, the trust maker must transfer any property he or she wants covered by the trust into the trust. For many items, this requires simply including a list of property with the trust document. However, titled property (like real estate) must be retitled in the name of the trust. This usually not complicated or difficult, but it must be done correctly or the titled property could end up in probate.You can make a valid living trust online, quickly and easily, with Nolo's Online Living Trust.
Revocable Living Trusts v. Wills
With both wills and revocable living trusts you can:
- name beneficiaries for property
- leave property to young children, and
- revise your document as your circumstances or wishes change.
With a trust, not a will, you can:
- avoid probate
- reduce the chance of a court dispute over your estate
- avoid a conservatorship, and
- keep your document private after death.
With a will, not a trust, you can:
- name guardians for children
- name managers for children’s property
- name an executor, and
- instruct how debts or taxes should be paid.
For a thorough comparison of wills and living trusts, see Living Trusts v. Wills on Nolo.com.
Do You Need A Lawyer to Make a Trust?
You do not have to be a lawyer to make a living trust. If you have a fairly straightforward situation and you are willing to do the work, you can make your own revocable living trust. However, some situations warrent seeing a lawyer for help.
Learn more about making your own living trust in Making a Living Trust: Can You Do It Yourself? on Nolo.com.
Learn more in the Living Trusts section of Nolo.com.