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Revocable Living Trust

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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 South Carolina, hereinafter referred to as the Trustor, whether one or more, 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 and is created in accordance with Section 62-7-101 et. seq. of the South Carolina Code.

ARTICLE II

IDENTIFICATION

2. TRUSTOR AND BENEFICIARIES: The Trustors or Settlors of this trust are and , Husband and Wife, residing at , , South Carolina . As used herein, the term “Trustor” shall mean all trustors of this trust, whether one or more. The Trustors are married and have no children.

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

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.

The Trustee shall have all powers as provided in this agreement and the laws of the State of South Carolina. The principal place of administration of this trust is the Trustors place of residence, regardless of the residence of the Trustee.

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. Grantor(s) shall have the right to reside in the property rent free and without charge except for the payment of the following: (1) all mortgages costs and expenses (2) all property taxes, and (3) reasonable expenses of upkeep and maintenance.

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. The Trustee shall at all times and in all actions act as a fiduciary in good faith.

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, and any person so dealing with the Trustee of this Trust shall assume that the Trustee has the same power and authority to act as any individual does in the management of his or her own affairs.

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. The Trustee shall collect all income of the Trust, and shall pay from the income such amounts and to such persons as the Trustor may from time to time direct.

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, or both, for the health and maintenance of the Trustor, in his or her accustomed manner of living.

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. Rent shall not be charged to said beneficiary and expenses of maintaining such residence may be borne by the Trust, the beneficiary, or partly by each, as the Trustee may deem proper.

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, including but not limited to proceeds from life insurance policies, retirement plans, or IRA’s.

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) DISTRIBUTION UPON DEATH OF FIRST TRUSTOR: Following the death of the first Trustor, and prior to the death of the Surviving Trustor, the Trustee shall pay to or for the benefit of the Surviving Spouse (Surviving Trustor), at the Trustee’s discretion, so much of the income and principal as the Trustee deems necessary for the health, maintenance, education, support, and happiness of the Surviving Trustor.

(b) DISTRIBUTION UPON DEATH OF BOTH TRUSTORS: Upon the death of the Trustor and surviving Trustor, the Trustee shall distribute or hold the trust property as follows:

All trust property, including principal or income shall be distributed to . If more than one person is named, they shall receive property equally.

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

i) For any named beneficiaries who are minors on the date of my death the trustee shall hold his or her trust estate in a separate trust to be used in the discretion of the trustee for the health, education, maintenance, and general welfare of such beneficiary.

ii) Upon the beneficiary reaching 21 years of age, the trustee shall distribute outright all remaining income and principal to such beneficiary and the trust for such beneficiary shall terminate.

iii) If any beneficiary of this Sprinkling Trust shall die before age 21, and leave no living issue, his or her share of the trust will be distributed equally to the other beneficiaries named herein.

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. The Trustee and any Successor Trustee shall not be required to qualify in any court and is hereby relieved of the requirement of filing any document and accounting in any court or beneficiary.

27. SUCCESSOR TRUSTEE(S): No Successor Trustee shall be responsible for acts of any prior Trustee. In the event a vacancy in the office of Trustee occurs and there is no successor trustee, the existing Trustee, if one, and the beneficiaries may agree to a non-judicial change in the trustee by amendment to this trust agreement.

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, to deal with the unexpected or the unforeseen, or to avoid unintended or adverse tax consequences.

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 for any action or inaction based on lack of knowledge of the event.

33. TRUSTEE AS BENEFICIARY. A trustee who is also a beneficiary of the trust may exercise powers to make discretionary distributions of either principal or income to or for the benefit of the trustee.

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, and may exercise any such discretion without incurring liability to any beneficiary.

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, including but not limited to a description of the Trust terms, the administrative powers of the Trustee and the identity of any current Trustee.

41. REGISTRATION OF TRUST ASSETS: Assets of this Trust during the Trustor’s lifetime shall be registered as follows: , Trustee, or his or her successors in trust, under THE REVOCABLE TRUST, dated the , and any amendments thereto.

42. TAX IDENTIFICATION: This Trust shall be identified during the Trustor’s lifetime by the Trustor's Social Security Number . Upon the Trustor’s death, the Trustee shall then apply to the IRS for a tax identification number for the Trust and any other Trust created by this Trust Agreement.

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, or others, or be liable to attachment, execution, or other process or law and no Beneficiary shall have the right to encumber, hypothecate, or alienate his or her interest in any of the trust in any manner except as provided herein.

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, notwithstanding any provision of this Trust to the contrary.

ARTICLE XII

TERMS AND DEFINITIONS

The terms below, as used throughout this Trust Agreement, shall have the following meaning

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 South Carolina.

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; and words of the neuter gender include the masculine and feminine.

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.

SIGNATURES

Trustor Signature:

Printed Name:

Trustor Signature:

Printed Name:

Trustee Signature:

Printed Name:

Notary Public:

Commission Expires:

Schedule A

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

TOGETHER WITH:

Enter text

What a Revocable Living Trust Is and how it functions

A Revocable Living Trust is a legal arrangement in which the grantor transfers assets into a trust they control during life and can amend or revoke at any time. It names a trustee to manage assets for beneficiaries during incapacity or after death, can avoid some probate procedures for assets titled in the trust, and provides privacy because trust terms are not typically filed in public probate court. The trust can specify successor trustees, distribution timing, and powers to manage or sell trust property while remaining revocable by the grantor.

Why people choose a Revocable Living Trust

A Revocable Living Trust simplifies post-mortem asset transfer, can reduce probate exposure, and enables clear successor management during incapacity. It preserves family privacy, centralizes asset management, and allows flexible instructions for distribution timing and conditions while remaining changeable by the grantor.

Why people choose a Revocable Living Trust

Who typically prepares or signs a Revocable Living Trust

Use by professionals—attorneys, financial advisors, and trustees—is common for drafting, funding, and safely implementing trust instructions.

  • Individuals with estate assets who want to avoid probate and maintain privacy when transferring property.
  • Parents or grandparents arranging staged beneficiary distributions for minors or dependent adults.
  • Owners of real estate or multiple accounts who want consolidated management and successor trustee authority.

Core elements found in a professional Revocable Living Trust

A well-drafted Revocable Living Trust combines clear party identification, trust powers, successor trustee designations, asset schedules, distribution terms, and amendment/revocation clauses to ensure the grantor’s intent is actionable and administrable.

Grantor

Identifies the person creating the trust and states their capacity and contact details to avoid identity disputes during administration and contests.

Trustee

Names the initial trustee and successor trustees, specifies powers and compensation, and defines procedures for trustee resignation and removal.

Trust Property

Describes trust assets or attaches a schedule; clear identification prevents later disputes about which property is included.

Distribution

Specifies who receives income or principal, when distributions occur, contingent beneficiaries, and timing conditions for staggered releases.

Amendment

Explains how the grantor may amend or revoke the trust, including any required execution formalities or witness/notary steps.

Successor Plan

Provides incapacity management language, successor trustee powers for health and financial decisions, and successor trustee succession rules.

Step-by-step: filling out a Revocable Living Trust

Follow a clear sequence when preparing the trust to reduce errors: identify parties, define assets, set distributions, execute properly, and fund the trust by retitling assets.

  • 01
    Identify Parties: List grantor, trustee, and beneficiaries with full legal names.
  • 02
    Describe Assets: Attach a schedule or describe significant assets to include in the trust.
  • 03
    Set Terms: Define distribution events, timing, and successor trustee powers.
  • 04
    Execute Properly: Sign in presence of required witnesses/notary and follow state formalities.

How to configure an online signing workflow for this trust

Set authentication, field types, and routing in your eSignature platform before sending the trust for signature to preserve auditability and security.

Field Configuration
Signer Authentication Email link with optional SMS code for stronger identity verification.
Field Types Use signature, initial, date, and text fields to capture required data.
Signing Order Set sequential order: grantor, trustee, witnesses, then notary where required.
Audit Trail Enable full audit records with timestamps and IP addresses.

Digital signing considerations and platform needs

Ensure the platform can export tamper-evident signed PDFs and retain records in compliance with federal and industry retention rules.

  • File formats: PDF and DOCX supported; final signed PDF recommended.
  • Authentication: Email, SMS OTP, or ID verification strengthen signer attribution.
  • Audit Trail: Include timestamps, IP addresses, and action logs.

Typical eSigning flow for the Revocable Living Trust

An online signing flow reduces physical meetings: upload the draft, add fields, authenticate signers, collect notarization if required, and store executed copies securely.

  • Upload Document: Add the trust document and any schedules to the platform.
  • Place Fields: Insert signature, date, and witness fields where needed.
  • Authenticate Signers: Use email links, SMS codes, or identity checks.
  • Capture Audit: Platform saves timestamps, IPs, and a completion certificate.

Security and compliance features to verify for electronic trust execution

Encryption: AES-256 at rest, TLS 1.2/1.3 in transit
Audit Trail: Complete action logs, timestamps, IP addresses
Regulatory: ESIGN and UETA compliance
HIPAA: BAA available where required
Certifications: SOC 2 Type II and ISO 27001
21 CFR: 21 CFR Part 11 compliance options

Risks and consequences of incorrect trust preparation

Probate Risk: Assets not retitled may still probate
Title Issues: Incorrect deed transfers can delay distribution
Tax Exposure: Unreported transfers may create tax reporting obligations
Invalid Execution: Missing notarization or witnesses can threaten enforceability
Beneficiary Disputes: Vague terms invite litigation and costs
Recordkeeping Failures: Poor retention complicates audits or claims

Common mistakes to avoid when preparing a Revocable Living Trust

  • Failing to retitle assets into the trust, which leaves property subject to probate and frustrates the trust's purpose.
  • Using inconsistent names or dates across the trust, deeds, beneficiary designations, and supporting accounts, creating administrative delays.
  • Omitting successor trustee or incapacity provisions, which can force court involvement and interim conservatorship.
  • Relying on unsigned or improperly witnessed documents, which may be invalidated during settlement or challenged by heirs.

Practical tips for accurate and efficient trust completion

Apply consistent conventions, document the funding process, and preserve signed originals while keeping secure electronic copies for administration.

Use full legal names
Always enter grantors, trustees, and beneficiaries using the exact legal name matching government ID and title records to prevent matching errors at banks and county recorders.
Fund the trust promptly
Retitle deeds, accounts, and other assets into the trust shortly after execution; document each transfer with receipts or recorded deeds to show asset ownership history.
Document signature process
Record who signed, when, and where; keep notarization acknowledgements and witness affidavits in the trust file to reduce future contest risk.
Review periodically
Update the trust after major life events—marriage, divorce, births, deaths, or significant asset changes—and re-execute formal amendments as required.

Timing considerations and typical deadlines for trust formation and funding

Certain tasks have timing implications—execute and fund promptly, update on life changes, and preserve records within statutory retention windows.

Execution:

Sign and notarize the trust according to state formalities before any transfers are made.

Funding window:

Retitle or transfer assets as soon as practical after execution to effectuate trust ownership.

Post-execution review:

Verify bank and title institutions accepted trust ownership within 30–90 days of transfer.

Periodic updates:

Review the trust after major life events or every 3–5 years as circumstances change.

Record retention:

Keep executed documents and transfer records for statutory and tax retention periods noted elsewhere.

Key milestones from draft to funded trust

Track milestones clearly: drafting, execution, notarization, funding, and final administration to ensure the trust operates as intended.

01

Draft Completion

Finalize trust language and schedules before signature to prevent post-signature corrections.

02

Execution & Notarization

Sign with required witnesses and notary where state law or your attorney advises.

03

Asset Funding

Transfer deeds, accounts, and titles into the trust's name to activate trust control.

04

Recordkeeping

Store originals securely and keep certified copies for institutions and trustees.

Typical eSignature vendor pricing and feature snapshot for trust execution

Cost and feature needs vary by volume and required compliance; the table below compares starting price and selected capabilities across common vendors.

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 Varies Varies Varies
Bulk Send Yes Yes Yes Yes Yes
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions about Revocable Living Trusts and eSigning

Answers to common questions about validity, notarization, funding, amendments, revocation, and storage when using electronic methods to execute a trust.


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