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Land Trust Agreement

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REVOCABLE LIVING TRUST AGREEMENT

THIS REVOCABLE LIVING TRUST AGREEMENT, (hereinafter "Trust"), is being made on this the day of , , by and between of County, State of Colorado, hereinafter referred to as the Trustor and the Trustee designated below and shall be governed and administered in accordance with the following terms and provisions:

ARTICLE I
NAME OF TRUST

1. NAME OF TRUST: This trust may be referred to as THE REVOCABLE LIVING TRUST.

ARTICLE II
IDENTIFICATION

2. TRUSTOR AND BENEFICIARIES: The Trustor or Settlor of this trust is , an Individual, residing at , , Colorado . The Trustor is the parent of the following living children:

The Beneficiary of the Trust during the lifetime of the Trustor is the Trustor. Except as otherwise provided herein, upon the death of the Trustor, the Beneficiaries are the Children of the Trustor.

ARTICLE III
TRUSTEE APPOINTMENT

3. TRUSTEE APPOINTMENTS: The Trustor hereby appoints , the Trustor, as Trustee of this Trust. If the Trustor is unable to serve as Trustee for any reason, then the Trustor hereby appoints as Successor Trustee. If neither the first or second Trustee are able to serve as Trustee for any reason, then the Trustor hereby appoints as Successor Trustee, whether one or more.

ARTICLE IV
ASSETS OF TRUST

4. ASSETS OF TRUST: All rights, title, and interest in and to all real and personal property, tangible or intangible, listed on the attached Exhibit “A”, is hereby assigned, conveyed and delivered to the Trustee for inclusion in this Trust.

5. ADDITIONS TO TRUST PROPERTY: Additional property may be conveyed to the Trust by the Trustor, or any other third party at any time. Trustor may execute such other documents as is necessary to effectuate the assignment of property to this Trust.

6. RIGHTS TO TRUST ASSETS: Except as specifically provided herein, the Beneficiaries of this trust shall have no rights to any assets of the trust.

7. HOMESTEAD EXEMPTION: Grantor(s) reserves the right to use, occupy and reside upon any real property placed in this Trust as their permanent residence during their lives.

ARTICLE V
TRUSTEE POWERS AND OTHER PROVISIONS

8. POWERS: The Trustor does hereby grant to the Trustee all powers necessary to deal with any and all property of the Trust as freely as the Trustor could do individually.

9. AUTHORITY TO ACT: The approval of any court, the Trustor, or any beneficiary of any Trust created by this Trust shall not be required for any dealings with the Trustee of this Trust.

ARTICLE VI
TRUST ADMINISTRATION DURING LIFE OF TRUSTOR

10. MANAGEMENT OF TRUST PROPERTY: All property of the Trust shall be managed by the Trustee at the direction of the Trustor.

11. INCAPACITY OF TRUSTOR: During any period of incapacitation of the Trustor, as defined by this Trust Agreement, the Successor Trustee may apply or expend all or a part of the income and principal of this Trust.

12. RESERVATION OF RIGHTS: Except during periods of incapacitation as defined by this Trust Agreement, upon delivery to the Trustee of a written instrument, signed and acknowledged by the Trustor, the Trustor does hereby reserve during his or her lifetime the following rights:

(A) To revoke this Trust Agreement in its entirety and to recover any and all remaining property of the Trust after payment of all Trust administration expenses,

(B) To alter or amend this instrument in any and every particular at any time and from time to time,

(C) To change, at any time and from time to time, the identity or number, or both, of the Trustee and/or Successor Trustee,

(D) To withdraw from the operation of this Trust, at any time and from time to time, any or all of the Trust property.

ARTICLE VII
DISTRIBUTIONS DURING LIFETIME OF TRUSTORS

13. GENERAL DISTRIBUTIONS: The following options are available to the Trustee regarding the distribution of principal or income to or for a beneficiary:

(A) Payments may be made directly to the beneficiary as an allowance, in such amounts as the Trustee may deem advisable;

(B) Payments may be made to the Guardian of the beneficiary.

(C) Payments may be made to a relative of the beneficiary upon the agreement of such relative to expend such income or principal solely for the benefit of the beneficiary.

(D) The Trustee may expending such income or principal directly for the beneficiary.

(E) In making distributions of income or principal, the Trustee shall be mindful of the Beneficiaries health, education, support, maintenance, comfort and general welfare needs.

14. RESIDENCE: A residence may be purchased or otherwise obtained by the Trustee for the benefit of an income beneficiary of any Trust for use by the beneficiary and his or her family.

15. OTHER PAYMENTS: At the request of any Trustor in writing, the Trustee shall make lump sum or periodic payments to any third party designated by such Trustor.

ARTICLE VIII
TRUST ADMINISTRATION AFTER TRUSTOR’S DEATH

16. TRUSTEE: Upon the death of the Trustor, the Successor Trustee shall continue to administer the assets of this Trust, as well as any other property received by this Trust from any source, and shall distribute said assets as provided herein.

17. BENEFITS PAYABLE TO TRUST: Upon the death of the Trustor, the Trustee is hereby authorized to take any and every action necessary to collect any and all benefits payable to the Trust.

18. LIABILITIES OF TRUSTOR’S ESTATE: Prior to the distribution of any assets of this Trust, the Trustee may, at his or her sole and absolute discretion, pay to the Trustor’s estate, from the principal or income of the Trust, any or all of the Trustor’s just debts, funeral expenses, and administration expenses of the Trustor’s estate.

19. TAXES: Upon the death of the Trustor, all estate and inheritance taxes that become due and payable upon all of the property comprising the Trustor’s gross estate, without regard to how such property passes, shall be paid by the Trustee either to the estate of the Trustor or to the appropriate tax agency.

20. ADDITIONAL DISTRIBUTIONS: The Trustee is hereby authorized to pay to the Probate Estate of the deceased Trustor as much of the income and principal of this Trust as the Trustee deems necessary for any purpose, in addition to the other distributions provided for in this Trust.

21. GIFTS: The Trustee shall, upon the death of the Trustor, make such gifts of the tangible personal property of the Trustor held or acquired by this Trust as may be directed by the Trustor’s Will or any list, letter, or other writing of the Trustor permitted by the Will of the Trustor, or as may be directed by a list, letter or other writing designated as Schedule B of this Trust, whenever made.

ARTICLE IX
TRUSTOR’S DEATH

22. DISTRIBUTIONS: Upon the death of the Trustor, the following distributions shall be made from the property of this Trust after payment of the Trustor’s just debts, funeral expenses, expenses of any last illness, and the other distributions otherwise provided for in this Trust:

(a) DISPOSITION OF TRUST ESTATE ON DEATH OF THE TRUSTOR: If any of the children of the Trustor survives the Trustor, but none of the children are under the age of twenty-one (21) years at the time of the death of the Trustor, the Trustee shall divide the Trust property into as many shares of equal market value as are necessary to create one share for each of the Trustor’s children who survive the Trustor and one share for each of the Trustor’s children who predecease the Trustor but who leave issue surviving him or her.

(b) SPRINKLING TRUST: The Trustee shall hold, administer, and distribute the assets of the Sprinkling Trust as follows:

(i) DISCRETIONARY PAYMENTS BEFORE DIVISION INTO SHARES.

(ii) DISCRETIONARY PAYMENTS OF INDIVIDUAL TRUSTS.

(iii) TERMINATION AND DISTRIBUTION OF INDIVIDUAL TRUSTS.

(iv) TERMINATION OF INDIVIDUAL TRUST ON DEATH OF CHILD.

(v) FINAL DISPOSITION.

(c) SPRINKLING TRUST FOR ISSUE: Each share or portion of the Trust estate, or of the Trust property of any other Trust created by this Trust instrument, that is allocated to a Sprinkling Trust for Issue for the benefit of the beneficiaries when any beneficiary is under the age of twenty-one (21) years shall be held, administered, and distributed by the Trustee as a separate Trust.

(i) BENEFICIARIES.

(ii) DISCRETIONARY PAYMENTS.

(iii) DISTRIBUTION ON TERMINATION.

(iv) FINAL DISPOSITION.

23. DEATH OF BENEFICIARY: Should a named beneficiary die before a complete distribution of this Trust is made, and that Beneficiary leave no living issue, then that beneficiary’s share shall go to the surviving Beneficiaries.

ARTICLE X
TRUSTEE PROVISIONS

24. THIRD PARTIES: Any person dealing in good faith with the Trustee shall deal only with the Trustee and shall presume the Trustee has full power and authority to act on behalf of the Trust.

25. COMPENSATION: Any beneficiary of this Trust serving as Trustee shall do so without compensation for his or her services, except that the Trustee shall be reimbursed for reasonable expenses incurred in the administration of the Trust.

26. BOND AND QUALIFICATIONS: Bond shall not be required of the Trustee or any Successor Trustee.

27. SUCCESSOR TRUSTEE(S): No Successor Trustee shall be responsible for acts of any prior Trustee.

28. REMOVAL OF SUCCESSOR TRUSTEES: A Successor Trustee may be removed by the last individual to serve as Trustee; however, if that person is deceased or incapacitated, the Successor Trustee may be removed by a majority vote in interest in Trust income.

29. DELEGATION OF POWERS: Any management function of any Trust may be delegated by any Trustee to any Successor Trustee, even if such Successor Trustee is not then serving as Trustee.

30. LIMITED AMENDMENT POWER: The Trustee shall enjoy a limited power to amend management functions of this Trust only as may be required to facilitate the convenient administration of this Trust.

31. RESIGNATION OF TRUSTEE: Any Trustee may resign by writing filed among the trust papers effective upon the trustees’ discharge.

32. NONLIABILITY FOR ACTION OR INACTION BASED ON LACK OF KNOWLEDGE OF EVENTS: When the happening of any event affects the administration or distribution of the trust, a trustee who has exercised reasonable care to ascertain the happening of the event is not liable.

33. TRUSTEE AS BENEFICIARY: A trustee who is also a beneficiary of the trust may exercise powers to make discretionary distributions.

34. WAIVER OF ACCOUNTING: Except as otherwise provided herein, neither this trust, nor any Trustee, shall be required to provide an accounting to any Beneficiary.

ARTICLE XI
TRUST ADMINISTRATION

35. ALLOCATION TO PRINCIPAL AND INCOME – SEPARATE TRUSTS: All expenses and all receipts of money or property paid or delivered to the Trustee may be allocated to principal or income in the sole discretion of the Trustee.

36. ALIENATION: Excepting the Trustor, no income or principal beneficiary of any Trust shall have any right or power to anticipate, pledge, assign, sell, transfer, alienate or encumber his or her interest in the Trust, in any way.

37. TERMINATION OF TRUST: Should the aggregate principal of any Trust at any time be valued at Twenty Thousand Dollars ($20,000) or less, the Trustee may, in his or her sole discretion, terminate such Trust and distribute the assets of the Trust to the beneficiaries in proportion to each beneficiary’s share of the Trust.

38. ELECTIONS: The Trustee and the Personal Representative of the Trustor's estate will have various options in the exercise of discretionary powers.

39. BENEFICIARY DESIGNATION: Upon written designation by the Trustor of a beneficiary for a qualified plan or IRA benefits made payable to this Trust, the Trustee shall distribute the right to receive such benefits to the designated beneficiary.

40. CERTIFICATE OF TRUST: The Trustee is hereby authorized and granted all powers necessary to execute a Certificate of Trust, describing any Trust matter.

41. REGISTRATION OF TRUST ASSETS: , Trustee, or his or her successors in trust, under THE REVOCABLE TRUST, dated the .

42. TAX IDENTIFICATION: This Trust shall be identified during the Trustor’s lifetime by the Trustor's Social Security Number .

43. SPENDTHRIFT CLAUSE: The interest of any Beneficiary of this Trust in the income and principal shall not be subject to claims of his or her creditors.

44. PERPETUITIES CLAUSE: All Trusts created by this instrument and interests therein shall vest in their then beneficiary twenty-one years after the death of the last of the issue of the Trustor who was alive when the Trustor died.

ARTICLE XII
TERMS AND DEFINITIONS

45. INCAPACITATED: For the purposes of this Trust Agreement, if a Trustee or a beneficiary is under a legal disability, or by reason of illness, mental or physical disability is, in the written opinion of two doctors currently practicing medicine, unable to properly manage her affairs, he or she shall be deemed incapacitated.

46. REHABILITATION: For the purposes of this Trust Agreement, as a Trustee or as a beneficiary, shall be deemed rehabilitated when he or she is no longer under a legal disability or when, in the written opinion of two doctors currently practicing medicine, he or she is able to properly manage his or her own affairs.

47. GUARDIANSHIP: During any period of incapacity or incompetence, the Trustor does hereby nominate as Guardian of the Trustor’s property the same person(s) in name and order of succession who serve as Trustee as provided herein.

48. SURVIVORSHIP: This Agreement shall be binding upon the heirs, personal representatives, successors and assigns of the parties hereto.

49. APPLICABLE LAW: This Agreement shall in all respects be construed and regulated according to the laws of the State of Colorado.

50. TRUSTEE AND TRUST: The term “Trustee" refers to the single, multiple and Successor Trustee, who at any time may be appointed and acting in a fiduciary capacity under the terms of this agreement.

51. GENDER - SINGULAR AND PLURAL: Where appropriate, words of the masculine gender include the feminine and neuter; words of the feminine gender include the masculine and neuter.

52. IRC: The term "IRC" refers to the Internal Revenue Code and its valid regulations.

53. SERVE OR CONTINUE TO SERVE: A person cannot "serve or continue to serve" in a particular capacity if they are incapacitated, deceased, have resigned, or are removed by a court of competent jurisdiction.

54. ISSUE: The term "issue", unless otherwise designated herein, shall include adopted "issue" of descendants and lineal descendants, both natural and legally adopted indefinitely.

55. NOTICE: No person shall have notice of any event or document until receipt of written notice.

56. MERGER: The doctrine of merger shall not apply to any interests under any Trust.

57. REPRESENTATION: In any Trust matter a beneficiary whose interest is subject to a condition shall represent the interests in the Trust of those who would take in default of said condition.

IN WITNESS WHEREOF, on this the day of , , Trustor, and Trustee have signed this Instrument.

TRUSTOR

Print Name:

TRUSTEE

Print Name:

STATE OF , COUNTY OF

Signed and sworn (or affirmed) to before me on (date) by (name/s of person/s making statement).

Notary Public

Print Name:

(SEAL)

My commission expires:

Schedule A

The sum of One Hundred Dollars ($100.00) in cash.

TOGETHER WITH:

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What a Land Trust Agreement Is and how it functions

A Land Trust Agreement is a legal contract whereby the legal title to real property is held by a trustee for the benefit of one or more beneficiaries. The document names the settlor (or grantor), trustee, and beneficiary, describes the property by legal description, and sets out trustee powers, beneficiary rights, and transfer rules. In the United States a land trust does not replace deed recording; deeds or conveyance instruments must still be recorded at the county recorder. Land trusts are used for title privacy, streamlined transfers, estate planning, and centralized property management under state property law.

Primary benefits and practical uses

A Land Trust Agreement centralizes title control, preserves beneficiary privacy in public records, permits beneficial interest transfers without re-recording deeds, and can simplify estate or management transitions while preserving compliance with state real property and recording requirements.

Primary benefits and practical uses

Typical users and stakeholders

The Land Trust Agreement is commonly prepared and used by multiple parties involved in property ownership and management.

  • Real estate investors who want privacy and ease of transferring beneficial interests without relisting recorded deeds.
  • Estate planners and attorneys who consolidate ownership for probate avoidance and streamlined succession.
  • Title companies, trustees, and property managers who administer trust duties and maintain records for beneficiaries.

Each user type has specific documentation and recording needs; consult counsel for state-specific recording and tax consequences.

Representative roles that sign or manage this agreement

Beneficiary

An individual or entity that holds the beneficial interest. The beneficiary controls economic rights and may direct the trustee per agreement terms. Beneficiaries should verify name accuracy and tax identification to prevent withholding or reporting errors.

Trustee

A person or title company holding legal title. The trustee performs conveyances, executes documents, and follows beneficiary instructions within the grant of powers. Trustees must keep records and may have fiduciary obligations under state law.

Essential data elements included in the agreement

Property Description: Full legal description
Grantor/Settlor: Legal entity name
Beneficiary: Exact beneficiary name(s)
Trustee: Trustee name and contact
Powers Granted: Scope of trustee authority
Recording Info: County, book, page or instrument number

Key risks and legal consequences to avoid

Recording Errors: Cloud property title
Tax Misclassification: Trigger withholding
Improper Transfer: Void conveyance risk
Fraudulent Use: Potential criminal liability
Foreclosure Exposure: Lien enforcement applies
Beneficiary Disputes: Civil litigation risk

Common preparation pitfalls

  • Using an incomplete or incorrect legal description that later invalidates recording or causes title defects.
  • Mismatching beneficiary or trustee names with government ID, causing tax-reporting or transfer complications.
  • Failing to record the deed or conveyance instrument promptly, which can impair notice and priority against third parties.
  • Overstating asset protection: land trusts do not automatically shield property from all creditors or regulatory claims.

Core sections that a professional Land Trust Agreement should include

A thorough Land Trust Agreement organizes duties, rights, and processes so trustees and beneficiaries have a clear operating framework.

Trust Declaration

Identifies settlor, trustee, beneficiaries, trust name, and general purpose; forms the legal basis for holding title and directing trustee actions.

Property Schedule

Lists each parcel by full legal description, parcel number, and recording details so the trustee’s title holdings are unambiguous and searchable.

Trustee Powers

Specifies conveyance authority, mortgage and lease powers, settlement authority, and conditions requiring beneficiary consent for major acts.

Beneficiary Rights

Describes economic rights, voting or consent mechanisms, procedures for assigning beneficial interests, and distributions.

Assignment and Transfer

Explains how beneficial interests are assigned, notice requirements to trustee, and any transfer restrictions or approvals required.

Governing Law

Names the state law that interprets the trust and sets duration, amendment and termination procedures, and dispute resolution processes.

Step-by-step: preparing and executing the agreement

Follow these sequential actions to prepare, sign, and record a Land Trust Agreement correctly.

  • 01
    Gather documents: Collect deed, title report, IDs
  • 02
    Draft agreement: Complete trust terms and parties
  • 03
    Sign and notarize: Execute per state witnessing rules
  • 04
    Record instruments: File deed/assignment at county recorder

Configuring a digital workflow for completion and signature

Set up an e-sign and review workflow that matches recording and notarization needs before sending to signers.

Field Configuration
Authentication Email plus optional SMS code
Conditional Fields Show trustee clauses when trustee selected
Notarization Enable RON or schedule in-person notarization
Storage Encrypted cloud storage (AES-256)

Where to send executed documents and what happens next

After signing, route copies to the parties and to local recording or title stakeholders to create official public record and maintain chain of title.

  • County Recorder: Record deed or assignment for public notice
  • Trustee File: Trustee retains original trust agreement
  • Title Company: Deliver for title updates and endorsements
  • Attorney: Send for tax and legal review

Technical requirements for eSigning and eSubmission

Use a platform that supports notarization workflows, secure storage, and audit trails consistent with legal and recording needs.

  • File formats: PDF, DOCX supported
  • Integrations: Works with CRM and cloud storage
  • Authentication: Email, SMS, or advanced auth

Ensure the chosen platform provides tamper-evident signed files, an audit trail with timestamps and IP addresses, and the ability to produce paper originals for county recording or RON notarization as required.

Practical tips for accurate and efficient completion

Adopt consistent processes and review steps to reduce post-execution issues and recording delays.

Verify legal description
Confirm the full recorded legal description from the existing deed or title report. Using an abbreviated or inaccurate description can lead to a rejected recording or a clouded chain of title, which is costly to correct.
Confirm identity details
Match grantor, trustee, and beneficiary names to IDs or formation documents. Name mismatches can cause tax reporting errors, delay transfers, and permit challenges to ownership.
Record promptly
Record deeds or assignments at the county recorder without unnecessary delay to preserve priority against third-party claims and provide public notice of the trust arrangement.
Get legal and tax review
Have counsel review trust terms for state-specific property law, tax consequences, and creditor issues to avoid unintended liabilities or tax reporting problems.

Timelines and time-sensitive actions to track

Track these common timeframes to preserve legal rights and meet reporting or recording expectations.

Deed Recording:

Record as soon as practicable to establish public notice

Tax ID Application:

Obtain EIN within 60 days if trust treated as separate taxpayer

Beneficiary Notifications:

Provide required notices per agreement timelines

Annual Filings:

Comply with any tax or entity filings per IRS/state deadlines

Notary/RON Scheduling:

Book notarization early to avoid execution delays

Representative use cases and outcomes

Two illustrative scenarios show how a Land Trust Agreement is commonly applied in practice.

Investor Holding Structure

A small investor forms a land trust to centralize title for four rental parcels and name an independent trustee.

  • Beneficiaries retain economic rights while trustee handles closings and leasing.
  • Result: transfers of beneficial interests occurred without recording new deeds, preserving privacy and reducing administrative burden during property sales.

Estate Planning Transfer

A homeowner conveys property to a trust naming family members as beneficiaries to simplify succession.

  • Trustee facilitates interim management and rent collection.
  • Result: upon the settlor’s death, beneficiaries transferred beneficial interests per the agreement, avoiding a protracted ancillary probate step in the property’s county.

Sample eSignature vendor comparison for executing the agreement

Compare common vendor starting prices and select features relevant to notarization, bulk sending, audit trails, and HIPAA compliance when choosing an eSignature provider.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions and practical answers

Answers to common questions about legal validity, recording, revocation, and electronic execution for Land Trust Agreements.


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