When Should a Living Trust Be Filed or Executed?

The Trust must be executed (i.e. signed and notarized) by the Donor (the person making the Trust) while he or she was living.

Upon the death of the Donor, the Trustees are required to administer the Trust by following the written language contained in the Trust document itself.

A Living Trust, if properly funded (i.e. assets are transferred properly into the name of the Trust), is a probate avoidance vehicle.  A probate estate is usually not required to administer the Trust’s assets if the Trust was properly funded (since the Trust becomes the owner of the property).  So, in most cases, nothing needs to be “filed” as long as the Donor’s assets were transferred properly to the Trust.

Get complete details on Standard Legal’s Living Trust legal forms software here.