Setting up a revocable trust (often called a “Living Trust”) is a two-part process: creating the legal entity and funding it. Because the trust only controls what it “owns,” the documentation for the second part is just as important as the first.
Here is the documentation you will need, broken down by stage.
1. Documentation to Create the Trust
Before your attorney (or software) can draft the document, you need to gather personal data for the “key players.”
- Identification: Valid government-issued ID (Driver’s License or Passport) for the Grantor (you).
- Beneficiary Information: Full legal names, current addresses, and Social Security numbers for everyone you intend to leave assets to.
- Successor Trustee Info: Contact information for the person(s) who will take over if you become incapacitated or pass away.
- Personal Records: Birth certificates, marriage certificates, or divorce decrees (divorce papers often contain “orders to provide” that may dictate how certain assets must be handled in a trust).
2. Documentation to “Fund” the Trust
A trust is like an empty safe; it does nothing until you put things inside. To move your assets into the trust, you will need:
| Asset Type | Required Documentation |
|---|---|
| Real Estate | A Quitclaim Deed or Warranty Deed transferring the property from your name to the Trust’s name. You’ll also need your current deed to get the legal description. |
| Bank Accounts | Recent statements for checking, savings, and CDs. Banks will usually require a Certification of Trust (a shortened version of your trust) to retitle the accounts. |
| Brokerage Accounts | Recent statements. Most firms have their own internal “Change of Ownership” forms you must sign. |
| Business Interests | LLC Operating Agreements or Stock Certificates. You will need “Assignments of Interest” to legally transfer your share of a business to the trust. |
| Life Insurance | Change of Beneficiary forms from the carrier. Usually, you name the Trust as the primary or secondary beneficiary. |
| Personal Property | A General Assignment of Tangible Personal Property. This covers “stuff” without titles, like furniture, jewelry, and art. |
3. Supporting “Ancillary” Documents
A revocable trust rarely stands alone. To make it effective, you typically need these “safety net” documents:
- Pour-Over Will: A specific type of will that catches any assets you forgot to put in the trust and “pours” them into it after you die.
- Certificate of Trust: A 2-3 page summary of the trust. This allows you to prove the trust exists to banks without showing them private details like who gets what.
- Power of Attorney: To handle your financial affairs for assets not in the trust.
- Healthcare Directive: To name someone to make medical decisions if you cannot.
A Note on 2026 Tax Law
If your estate is worth more than $7 million (or $14 million for a couple), you should also bring your past gift tax returns to your estate planner. Significant changes to federal estate tax exemptions are scheduled for 2026, and your trust documentation may need specific “tax-smart” formulas to protect your heirs from a higher tax bill.
Are you looking to draft these yourself, or are you preparing to meet with an attorney to review your current assets?