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Revocable Trust Agreement

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General Form of Revocable Trust Agreement

Trust Agreement made on the day of of , 20 , between

, of

hereinafter called Trustor, and , of ,

, hereinafter called Trustee.

1. Trust Estate. Trustor assigns, transfers, and conveys to Trustee the property described in the attached Exhibit A, which is incorporated herein by reference, and the receipt of which property is hereby acknowledged by Trustee. The property shall be held by Trustee in Trust on the terms and conditions set forth below.

2. Revocation and Amendment. Trustor reserves the right at any time, by an instrument in writing delivered to Trustee and acknowledged in the same manner as a conveyance of real property entitled to be recorded in , to revoke or amend this Trust in whole or in part. The duties and liabilities of Trustee shall under no circumstances be substantially increased by any amendment of this Agreement except with its written consent.

3. Additions to Trust Estate. Trustor reserves the right for himself or herself or any other person to increase this Trust by delivering property to Trustee, by having the proceeds of insurance policies made payable to Trustee, or by bequest or devise by will. Trustor will notify Trustee in writing of any policies made payable to it or will deliver the policies to Trustee as custodian. Trustee's duties and liabilities under this Agreement shall under no circumstances be substantially increased by any such additions, except with its written consent.

4. Disposition of Income and Principal. After paying the necessary expenses incurred in the management and investment of the Trust estate, including compensation of Trustee for its own services, Trustee shall pay the net income of the Trust and distribute the principal of the Trust in the following manner:

5. Invasion of Principal for Spouse and Descendants. After Trustor's death, Trustee may apply so much of the principal of the Trust for the use of Trustor's spouse , and Trustor's children , or any of them, at such time or times as in Trustee's discretion it may deem advisable for their proper education, care, or support.

6. Distribution to Minors. Trustee in its discretion may make payment of income or principal applicable to the use of any minor by paying the same to the parent or guardian of the minor, or to any other person having the care and control of the minor, or by expending it in such other manner as Trustee in its discretion believes will benefit the minor, provided, that Trustee may also pay as an allowance directly to the minor such sums as Trustee may deem advisable. Trustee may accumulate for the benefit of any minor so much of any income applicable to the minor's use as Trustee in its discretion may deem advisable. Any income so accumulated shall be paid to the minor on his or her attaining majority. Trustee in its discretion may make payment of principal vesting in and payable to a minor, to such minor's parent or guardian, or may defer payment of any part or all of the amount until the minor attains majority, meanwhile applying to the minor's use so much of the principal and income, and at such time or times, as in its discretion it may deem advisable for the minor's proper education, care, or support. Any payment under this Section shall operate as a full discharge to Trustee with respect to the payment.

7. Powers of Trustee. In addition to any powers given to it by law or otherwise, Trustee is authorized and empowered with respect to any property at any time held under any provision of this Agreement, including accumulated income, if any, and any property held pursuant to any power in Trust, and until the actual distribution of the property:

A. To sell on such terms and conditions as it in its sole discretion may determine.

B. To invest and reinvest in and to acquire by exchange or otherwise property of any character including stocks of any classification, obligations, or other property, real or personal, whether or not of the same kind, and participations in any common trust fund administered by Trustee, without regard to diversification and without being limited to the investments authorized by law for the investment of trust funds.

C. To retain property of any kind received by it without regard to diversification and without being limited to the investments authorized by law for the investment of trust funds.

D. To join in, consent to, or become a party to any reorganization, merger, consolidation, dissolution, readjustment, exchange, or other transaction and any plan or action under or in connection with the same; to deposit any such property with any protective, reorganizational, or similar committee; to delegate discretionary powers to the committee and to share in the payment of its expenses and compensation and to pay any assessments levied with respect to the property and to receive property under any reorganization, merger, consolidation, dissolution, readjustment, exchange or other transaction whether or not the same is authorized by law for the investment of trust funds.

E. To exercise all conversion, subscription, voting, and other rights of whatsoever nature pertaining to any such property and to grant proxies, discretionary or otherwise, with respect to those rights.

F. To make and retain joint investments and investments of undivided interests in any property, real or personal, whether or not all the property is held under this agreement and whether or not the provisions under which such other property is held are similar.

G. With respect to any real property (including real property acquired on foreclosure or by deed in lieu of foreclosure) at any time held under this agreement, to sell, exchange, partition, lease, sublease, mortgage, improve, or otherwise alter on such terms as it may deem proper, and to execute and deliver deeds, leases, mortgages, or other instruments relating to the real property. Any lease may be made for such period of time, including a lease beyond a -year period, as it may deem proper and without the approval of any court.

H. To extend the time of payment of any bond (or other obligation) and mortgage held by it, or of any installment of principal or interest or hold such bond (or other obligation) and mortgage after maturity as past due; to consent to the alteration or modification of any terms of the same, waive defaults in the performance of the terms of the same; to foreclose any such mortgage or compromise or settle claims under the mortgage; to take over, take title to, or manage the property, or any part of it, affected by any such mortgage, either temporarily or permanently, and in partial or complete satisfaction of any claim under the mortgage; to protect the property against or redeem it from foreclosure or nonpayment of taxes, assessments, or other liens; to insure, protect, maintain, and repair the property; and generally without limitation by the foregoing specification to exercise with respect to such bond (or other obligation) and mortgage on such property all rights and powers as may be exercised by a person owning similar property in his or her own right.

I. To borrow money to provide funds for any purpose without resorting to the sale of any assets; and for the purpose of securing the repayment of the borrowed money, to pledge, mortgage, or otherwise encumber any and all such property on such terms, covenants, and conditions as it may deem proper and also to extend the time of payment of any loans or encumbrances which at any time may be encumbrances on any such property irrespective of by whom the same were made or where the obligations may or should ultimately be borne on such terms, covenants, and conditions as it may deem proper.

J. Without limitation by the specification of the following, to exercise any and all the powers, authorities, and discretions provided in this agreement in respect of any shares of stock of Trustee and any successor corporation whether by merger, consolidation, reorganization, sale, or otherwise.

K. To register any property belonging to any Trust created by this Agreement in the name of its nominee, or to hold the same unregistered, or in such form that title shall pass by delivery.

L. To distribute in cash or in kind or partly in cash and partly in kind.

8. Transactions with Third Persons. No person or corporation dealing with Trustee shall be required to investigate Trustee's authority for entering into any transaction or to administer the application of the proceeds of any transaction.

9. Dividends. Regular or ordinary cash dividends, although they may be wholly or partly in the nature of a payment in partial liquidation or may wholly or partly represent a distribution of assets of the corporation other than surplus earnings, shall nevertheless be treated wholly as income of the Trust. All other liquidating dividends shall be principal. All dividends payable in the stock of the corporation or association declaring or authorizing the same shall be treated as principal. All other extraordinary dividends shall be apportioned between principal and income, as determined by Trustee in its absolute discretion.

10. Compensation of Trustee. Trustee shall be entitled to reasonable compensation from time to time for Trustee's ordinary services rendered under this Agreement, for any extraordinary services performed by Trustee, and for all services in connection with the termination of the Trust, either in whole or in part.

11. Removal and Resignation of Trustee. Trustee may be removed at any time by Trustor or after Trustor's death by written notice to Trustee. Trustee may resign by written notice to Trustor during Trustor's lifetime or after Trustor's death to .

Until the accounts of Trustee are settled and Trustee is discharged, Trustee shall continue to have all the powers and discretions granted to it under this Agreement or conferred by law. In the event of the removal or resignation of Trustee, Trustor or may by written instrument appoint a successor Trustee. The successor Trustee, on executing a written acceptance of the Trusteeship and on the settlement of the accounts and discharge of the prior Trustee, shall be vested, without further act on the part of anyone, with all the estate, title, powers, duties, immunities, and discretions granted to the original Trustee.

12. Employment of Agents; Expenses of Trust. Trustee may employ agents, including counsel, and pay them reasonable compensation. Trustee shall be entitled to reimbursement for such payments and for all other reasonable expenses and charges of the Trust out of principal or income, as Trustee shall determine.

13. Governing Law. This Trust shall be governed and construed in all respects according to the laws of the state of .

14. Binding Effect. This Agreement shall be binding on Trustor, Trustor's executor, administrator, successors and assigns, and Trustee and Trustee's successors and assigns.

Trustor and Trustee have executed this Agreement as of the day and year first above written.

 

(Acknowledgments before Notary Public)

(Attach Exhibit)

Exhibit A

Enter text✕

What a Revocable Trust Agreement Is and When It’s Used

A Revocable Trust Agreement is a written legal instrument in which the grantor transfers property into a trust that the grantor can amend or revoke during life. It identifies the grantor, trustee, beneficiaries, trust property, and distribution rules, and it typically governs management of assets during incapacity and distribution at death. Unlike an irrevocable trust, the grantor retains control and can change terms, remove or add assets, or dissolve the trust. Funding the trust by retitling assets is essential for it to achieve its intended probate-avoidance and management goals.

Why a Revocable Trust Agreement Matters for Estate Planning

A properly drafted Revocable Trust Agreement can simplify asset management during incapacity, streamline post-death transfers, and avoid probate in many states. It provides flexibility because the grantor retains amendment and revocation rights, while specifying trustee powers, successor trustees, and distribution timing under state law and federal e-signature frameworks like the ESIGN Act and UETA.

Why a Revocable Trust Agreement Matters for Estate Planning

Who Commonly Prepares and Signs a Revocable Trust

Several parties are routinely involved in creating and executing a Revocable Trust Agreement; roles vary by size and complexity of the estate.

  • Individual grantors and family members preparing private estate plans or updating beneficiary designations.
  • Trustees — individuals or professional fiduciaries — who accept appointment and manage trust assets.
  • Estate and trust attorneys who draft terms and advise on tax, probate, and funding.

Small estates often use a single individual grantor and family trustee; complex estates usually involve counsel, corporate trustees, and formal funding steps.

Step-by-Step: How to Complete a Revocable Trust Agreement

Follow these sequential steps to prepare, sign, and fund a Revocable Trust Agreement so it functions as intended.

  • 01
    Draft Terms: Set trustee powers, distribution rules, and amendment procedures.
  • 02
    Name Parties: Enter grantor, trustee, beneficiaries, and successors precisely.
  • 03
    Sign and Notarize: Execute with required signatures, witnesses, or RON where allowed.
  • 04
    Fund the Trust: Retitle assets and update beneficiary designations where needed.

How Electronic Completion and Submission Typically Work

An online workflow can speed execution and preserve an audit trail; follow a clear sequence to maintain validity and records integrity.

  • Upload Document: Add the trust PDF or DOCX to the e-sign platform.
  • Place Fields: Add signature, date, and notarization fields as required.
  • Add Signers: Enter signer emails and authentication methods.
  • Send for Signature: Route to signers and collect final executed PDF with audit trail.

Typical Digital Workflow Settings for a Revocable Trust

Configure these settings when preparing the trust for secure e-signing and archival storage.

Field Configuration
Upload Document Type PDF or DOCX accepted; preserve original pagination.
Signature Fields Signature, initials, date, and optional notary field placement.
Authentication Method Email link by default; add SMS code or KBA for higher assurance.
Routing Order Specify sequential or parallel signing per trustee and witness needs.

Technical and Integration Considerations for eSigning

Confirm platform capabilities for notarization, audit trails, and integration with document storage before starting the workflow.

  • Authentication Options: Email, SMS code, or KBA available
  • Storage Formats: PDF/A archival and audit trail
  • Integrations: CRM and cloud-storage connectors

Ensure the chosen platform supports required integrations and retention policies; verify HIPAA, SOC 2, or 21 CFR Part 11 capabilities when applicable for sensitive data.

Core Elements to Include in a Professional Revocable Trust Agreement

A complete agreement clearly defines roles, property, timing, and procedures to minimize dispute risk and streamline administration under applicable state law.

Grantor

Identifies the trust creator and specifies amendment and revocation rights, clarification of retained powers, and any conditions on modification or termination.

Trustee

Names the initial trustee, successor trustees, outlines powers and duties, investment standards, bond requirements, and compensation arrangements if applicable.

Beneficiaries

Lists primary and contingent beneficiaries, allocates percentages or specific assets, and includes instructions for contingencies and per stirpes distributions.

Trust Property

Describes property placed into the trust, includes schedules if needed, and instructs how to add or remove assets during the trust term.

Distribution Rules

Specifies timing and conditions for distributions (income, principal, ages, milestones), discretionary powers, and creditor protections where relevant.

Amendment Clause

Explains how the grantor may amend or revoke the trust, signature and witness requirements, and procedures for notice to trustees or beneficiaries.

Security, Compliance, and Document Protections to Include

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Audit Trail: Timestamps, IP addresses, and signer actions recorded
Access Controls: Role-based access and multi-factor authentication
Retention Policy: Immutable PDF archival with export options
Compliance: ESIGN and UETA legal framework support
BAA Availability: HIPAA BAA available when required

Consequences and Risks of an Incorrect or Incomplete Agreement

Probate Exposure: Assets not retitled may still require probate
Tax Reporting Issues: Improperly titled accounts can create IRS confusion
Trustee Disputes: Ambiguous powers increase litigation risk
Invalid Signatures: Missing notarization or witness may impair enforcement
Funding Failures: Unfunded trusts fail to achieve avoidance goals
Privacy Breaches: Poor storage increases exposure of sensitive data

Common Preparation Mistakes to Avoid

  • Failing to retitle bank and investment accounts into the trust delays probate avoidance and frustrates trustee authority.
  • Listing generic beneficiary descriptions like 'children' without names creates ambiguity and potential disputes among heirs.
  • Overlooking successor trustee contact information leaves a gap during incapacity when immediate action is needed.
  • Not coordinating beneficiary designations on retirement accounts or life insurance can negate trust distribution plans.

eSignature Vendor Pricing and Feature Comparison

Compare basic pricing, trial availability, bulk send, audit trail, HIPAA compliance, and envelope limits to match platform features to trust execution needs.

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, no credit card Trial available Trial available Trial available Trial available
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Practical Tips to Reduce Risk and Ensure Validity

Adopt standard drafting and execution controls to minimize errors, clarify intent, and preserve enforceability under electronic signature laws.

Coordinate Beneficiary Designations
Confirm that retirement accounts and life insurance beneficiary forms align with trust terms to prevent conflicting nontrust payouts.
Fund the Trust Promptly
Retitle bank, brokerage, and real property into the trust to realize probate-avoidance benefits and avoid unintended intestacy outcomes.
Document Trustee Acceptance
Obtain a written acceptance from trustees, and record contact and successor information to ensure uninterrupted administration.
Secure Originals
Store the signed original in a safe location and keep certified electronic copies with audit trails and access logs.

Key Dates and Timing to Track When Executing a Trust

Track effective dates, funding actions, and statutory filing or reporting deadlines to avoid administration and tax complications.

Effective Date Entry:

Enter trust Effective Date as MM/DD/YYYY on execution to establish rights and duties.

Funding Actions:

Retitle accounts and record deeds as soon as reasonably possible after execution.

Trustee Acceptance Deadline:

Obtain trustee acceptance promptly to enable immediate asset management if needed.

Annual Accounting Timing:

Provide periodic accountings as required by state law or trust terms.

Tax Reporting Deadlines:

Monitor IRS deadlines for trust tax returns when applicable to avoid penalties.

Frequently Asked Questions About Revocable Trust Agreements

Answers to typical execution, funding, and electronic-signature questions commonly asked when preparing a Revocable Trust Agreement.


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