50-State Surveys › Revocable Living Trust Creation Requirements by State
Revocable Living Trust Creation Requirements by State
What must a competent adult do to create a valid revocable living trust in each state, what property and beneficiaries are required, may the settlor serve as trustee or beneficiary, what signing formalities apply, and is registration or recording required?
51 of 51 jurisdictions verified
every entry statute-checked, oldest 2026-07-30
What this survey covers
A trust instrument and a transfer of property are related but separate legal acts. Signing a document can manifest the settlor's intent and state the trust terms, while a deed, assignment, account registration, or delivery may still be needed to place a particular asset under the trustee's control. This survey keeps those questions apart.
The table follows an ordinary revocable living trust from capacity and intent through creation method, trust property, beneficiaries, trustee roles, execution formalities, the revocability rule, and any registration or recording step. It does not advise whether a trust is preferable to a will or predict tax, creditor, Medicaid, homestead, marital-rights, or probate outcomes.
How to read the table
Start with capacity, intent, and creation method. A state may allow the owner simply to declare that identified property is held in trust, permit a transfer to another trustee, or recognize additional statutory methods. The property column then asks whether an identifiable trust res exists; it does not assume a universal nominal-dollar minimum.
Read the beneficiary and trustee-role columns together. A definite beneficiary is the usual private-trust rule, but states vary on class-selection powers and on whether one person may be settlor, trustee, and current beneficiary when successor beneficiaries also exist.
Finish with execution, revocability, and recording. An oral personal-property trust can be provable in one state while another requires a witnessed and acknowledged instrument. Revocability can be the default or can exist only if reserved. Recording may be optional for creation yet required for a deed, extract, or other instrument to affect third persons.
Patterns in the completed table
Most jurisdictions permit an oral personal-property trust if creation and terms are proved by clear and convincing evidence, while land remains subject to a separate writing or deed rule. The principal form outliers require a trust writing or a more formal act: New York generally requires acknowledgment or two witnesses, and Louisiana requires an authentic act or a two-witness private act followed by acknowledgment. N.Y. EPTL § 7-1.17 and La. R.S. 9:1752.
Revocability is the post-code default in most Uniform Trust Code states, often with an exception for older instruments. A smaller group instead requires the settlor to reserve or expressly provide the power, including Nevada and Washington. NRS 163.004 and Wash. Rev. Code § 11.103.030. The table also keeps joint-settlor allocation and the permitted amendment or revocation method separate from that default.
Court registration is rare. Alaska and Idaho require registration when the trust's principal administration is in the state, while several other states offer only an optional registration, certification, affidavit, extract, or recorded memorandum. AS 13.36.005 and Idaho Code § 15-7-101. Agent-created trusts are another state-specific branch: Vermont requires express power and looks back to capacity when the power was signed, while Wyoming also constrains the trust's death distribution. 14A V.S.A. § 401 and W.S. § 4-10-401.
Why the dimensions stay separate
California permits creation by an owner's declaration, a lifetime transfer to another trustee, a death-effective transfer, exercise of a power of appointment, or an enforceable promise. It separately requires trust property, manifested intent, and an ascertainable beneficiary or valid selection power. A real-property trust needs the signed writing described in Probate Code § 15206, while an oral personal-property trust may be proved only by clear and convincing evidence and not by the settlor's oral declaration alone. Cal. Probate Code §§ 15200–15207.
Florida uses familiar UTC creation elements but expressly says the same person cannot be both sole trustee and sole beneficiary. Its code generally permits an oral trust if creation and terms are proved by clear and convincing evidence, and it makes a post-code trust revocable unless the terms expressly provide otherwise. Fla. Stat. §§ 736.0402, 736.0407, and 736.0602.
Louisiana takes a different route. An inter vivos trust must be an authentic act or an act under private signature executed before two witnesses and duly acknowledged. A qualified natural-person trustee may also be the settlor, beneficiary, or both, but a settlor may revoke only if the trust reserves revocation or an unrestricted modification right. When record-dependent property is involved, the trust instrument or statutory extract is filed in each parish where the property lies. La. R.S. 9:1752, 9:1783, 9:2041, and 9:2092.
These current statutes show that creation method, property, beneficiary certainty, same-person roles, execution form, revocability, and recording vary independently. Those are the nine dimensions frozen for the survey.
Get this answered for your state
This survey compares every state side by side. Ezel applies your state's law to your specific situation and answers with citations to the statutes.
Scroll sideways in the table to see all columns →
| State | Governing law and scope | Settlor capacity and intent | Creation method and effective time | Trust property and funding | Beneficiary and purpose | Trustee eligibility and same-person roles | Instrument, signature, witness, and notary | Revocability default and reserved power | Registration, recording, and third-party effect |
|---|---|---|---|---|---|---|---|---|---|
| Alabama verified 2026-07-30 | Alabama Uniform Trust Code, Ala. Code tit. 19, ch. 3B; applies to express trusts (§§ 19-3B-101–102) |
Will capacity—age 18 or older and sound mind—plus indicated intent; fraud, duress, or undue influence makes the trust void to that extent (§§ 19-3B-402, -406, -601; § 43-8-130) |
Property transfer to another trustee, owner declaration over identifiable property, power of appointment, or equitable court creation; a designated trustee accepts by the stated method or qualifying conduct (§§ 19-3B-401, -701) |
Property is required; an owner declaration must identify it. No universal minimum amount is stated, and a separate conveyance may be needed for a particular asset (§§ 19-3B-401–402) |
Definite beneficiary ascertainable now or later, or valid trustee selection power; purpose must be lawful, possible, consistent with public policy, and for beneficiaries (§§ 19-3B-402, -404) |
Trustee must have duties; same person cannot be sole trustee and sole beneficiary. Settlor may serve as trustee and beneficiary if another beneficiary prevents that prohibited identity (§ 19-3B-402) |
Personal-property trust may be oral with clear-and-convincing proof; land trust requires writing signed by creator/declarant or written-authorized agent. No universal witness/notary rule for trust itself; land conveyance has separate attestation/acknowledgment rules (§§ 19-3B-407, -1301; §§ 35-4-20, -23) |
Instrument executed on/after Jan. 1, 2007 is revocable unless expressly irrevocable; written trust may be amended/revoked only by later writing delivered to trustee (§ 19-3B-602) |
No court filing is a creation element; certification may replace full instrument for a nonbeneficiary. Recording an eligible property instrument gives notice; land rights remain vulnerable to protected third parties without notice (§§ 19-3B-201, -1013, -1302; §§ 35-4-51, -63, -90) |
| Alaska verified 2026-07-30 | Alaska Trust Administration Act, AS 13.36, plus AS 09.25.010 form rules; selected UPC-derived administration provisions, not a comprehensive UTC creation chapter |
No general adult-living-trust capacity or manifested-intent formula located in the cited creation provisions; AS 13.36.035(d) treats capacity as a validity issue but does not state the standard |
Written and oral trusts are recognized; no comprehensive transfer/declaration/power-of-appointment route or effective-time list. Separate trustee accepts by trust method, delivery, powers/duties, or conduct (§§ 13.36.010, .071, .192) |
Oral registration identifies source of funds and subject matter; trustee acceptance may occur by delivery. No statutory nominal minimum located; each asset's transfer remains separate (§§ 13.36.010, .071) |
Oral registration identifies beneficiaries and time of performance, but no general statutory definite-beneficiary or lawful-purpose creation checklist located (§ 13.36.010) |
Separate trustee must accept. No general statutory trustee-qualification or sole-trustee/sole-beneficiary merger rule located in cited creation provisions (§ 13.36.071) |
Oral trust recognized, but agreement to establish trust and personal-trust conveyance/assignment need a party-charged subscribed writing. Realty trust needs a subscribed instrument and required formalities. No universal trust witness/notary rule (§ 09.25.010; §§ 13.36.010, .192) |
Revocable unless expressly irrevocable for post-Aug. 30, 2000 trusts with Alaska domicile, execution, or governing-law nexus. Use trust method or settlor-signed nonwill writing delivered to trustee; agent needs express trust authority (§§ 13.36.338, .340) |
Trust principally administered in Alaska SHALL register; 30-day post-demand failure risks removal, denied compensation, or surcharge. Registration is not continuing supervision. Realty recording separately gives notice and race-notice protection (§§ 13.36.005 to .020, .035; § 40.17.080) |
| Arizona verified 2026-07-30 | Arizona Trust Code, A.R.S. Title 14, ch. 10; applies to express trusts, including ordinary revocable inter vivos trusts (§§ 14-10101–14-10102) |
Settlor must have capacity and indicate intent; the creation article states no separate age or will-capacity formula. Trust induced by fraud, duress, or undue influence is void to that extent (§§ 14-10402, 14-10406) |
Lifetime or death-effective transfer to another trustee; owner declaration over identifiable property; power of appointment. Trustee accepts by stated method, delivery, powers/duties, or other indication (§§ 14-10401, 14-10701) |
Transfer route uses property transferred to trustee; declaration route requires identifiable property already owned. No statutory dollar floor stated; a home transfer uses a separate deed (§ 14-10401; § 33-401) |
Definite beneficiary ascertainable now or later, or valid selection power; purpose must be lawful, not against public policy, possible, and for beneficiaries' benefit (§§ 14-10402, 14-10404) |
Owner may declare self trustee; trustee must have duties; same person may not be both sole trustee and sole beneficiary. Acceptance follows the trust method or statutory conduct routes (§§ 14-10401–14-10402, 14-10701) |
Oral trust allowed unless another statute requires writing: creation clear-and-convincing, terms preponderance. Written trust changes require settlor-executed writing. No universal trust witness/notary rule; real-property deed must be written, signed, delivered, and acknowledged (§ 14-10407; § 33-401) |
Revocable unless terms expressly say irrevocable. Revoke/amend by substantial compliance with stated method or, if nonexclusive/absent, qualifying later will/codicil or signed writing showing clear-and-convincing intent (§ 14-10602) |
No creation filing or continuing court supervision unless ordered; optional certification supports reliance. Trustee deed must disclose beneficiaries or reference recorded disclosure; recording with county protects against creditors/later purchasers without notice (§§ 14-10201, 14-11013; §§ 33-404, 33-411–33-412) |
| Arkansas verified 2026-07-30 | Arkansas Trust Code, Ark. Code Ann. Title 28, Chapter 73; UTC-based ordinary adult revocable inter vivos trust (§§ 28-73-101, 28-73-401–407, 28-73-601–602) |
Will-level capacity for revocable trust; settlor must indicate intent. Agent-created/action trust valid when POA expressly grants authority and settlor had required capacity when POA executed (§§ 28-73-402, 28-73-601; 2021 Act 804) |
Lifetime/death-effective transfer to another trustee; owner declaration over identifiable property; power-of-appointment exercise; expressly authorized POA agent. Trustee accepts by trust method or delivery, powers, duties, or other acceptance conduct (§§ 28-73-401, .701) |
Transfer route requires property to another trustee; declaration route requires identifiable property already held by owner. No statutory nominal-dollar minimum; signing does not replace each asset's deed, assignment, delivery, or account change (§§ 28-73-401, .402) |
Definite beneficiary ascertainable now/future or statutory exception; indefinite-class selection power valid. Purpose must be lawful, public-policy-compliant, achievable, and benefit beneficiaries (§§ 28-73-402, .404) |
Trustee must have duties and accept. Settlor may be trustee and beneficiary, but same person cannot be sole trustee and sole beneficiary; another present/future beneficiary avoids the bar (§§ 28-73-402, .701) |
Oral trust possible with clear-and-convincing proof unless another statute requires form; no universal trust witness/notary rule. Separate home deed follows two-disinterested-witness/acknowledgment text and must be proved or acknowledged for recording (§ 28-73-407; §§ 18-12-104, -201) |
Unless expressly irrevocable, revocable; default excludes instruments executed before Sept. 1, 2005. Use trust method or later will/codicil or another clear-and-convincing method. Agent authority is expressly limited by trust/POA and 2021 capacity rule (§§ 28-73-601–602) |
No creation registration or continuing supervision unless court orders it. Trustee may furnish certification. Record separate home deed in county for constructive notice and validity against later value purchaser without actual notice and judgment creditor (§§ 28-73-201, -1013; § 14-15-404) |
| California verified 2026-07-30 | Cal. Prob. Code §§ 810–812, 15200–15210, 15400–15401, 15600; Civ. Code §§ 1091, 1213–1214, 1633.2–1633.7; ordinary revocable inter vivos trust |
Capacity presumed; person must communicate decision and understand relevant rights/duties, consequences, risks, benefits, and alternatives, unless another capacity rule applies. Proper intent manifestation required (§§ 810, 812, 15201) |
Owner declaration; lifetime or death-effective transfer to trustee; power of appointment; enforceable promise. Named trustee accepts by signed writing or knowing exercise of powers/duties (§§ 15200, 15600) |
Trust property required; owner may declare identified property held as trustee. No consideration or statutory nominal-dollar minimum; future promise must satisfy contract rules (§§ 15202, 15208) |
Purpose must be legal and not against public policy; noncharitable trust needs reasonably ascertainable beneficiary/class or valid selection power (§§ 15203–15205) |
Settlor may be sole trustee and sole lifetime beneficiary if one or more successor beneficiaries follow; trustee accepts by signature/separate writing or knowing conduct (§§ 15209, 15600) |
Personal-property trust may be oral but needs clear-and-convincing proof; settlor's oral declaration alone is insufficient. Real-property trust needs specified signed writing; no trust-specific witness/notary rule. UETA is not a blanket rule for a unilateral declaration (§§ 15206–15207; Civ. §§ 1633.2(o), 1633.3, 1633.5, 1633.7) |
Revocable unless instrument expressly says irrevocable, but only under stated California domicile/execution/governing-law nexus. Revoke by instrument method or signed nonwill writing delivered to trustee; joint settlors generally control contributed shares (§§ 15400–15401) |
No registration needed to create. Real-property trust may be county-recorded; separate real-property conveyance must be signed. Recording gives constructive notice; unrecorded conveyance can lose to later good-faith purchaser/mortgagee recording first (§ 15210; Civ. §§ 1091, 1213–1214) |
| Colorado verified 2026-07-30 | C.R.S. Title 15, art. 5 (Colorado Uniform Trust Code), especially §§ 15-5-201, -205 to -207, -401 to -407, -602, -701, -1013; ordinary revocable inter vivos trust |
Settlor must have capacity and indicate intent; Article 5 states no separate age or functional formula and reserves § 15-5-601. Fraud, duress, or undue influence voids the induced part (§§ 15-5-402, -406) |
Lifetime/death-effective property transfer to trustee; owner declaration over identifiable property; power of appointment; or authorized statute/judgment/decree. Separately named trustee accepts under trust method or by delivery, powers/duties, or other indication (§§ 15-5-401, -701) |
Ordinary owner routes require transferred property or an owner declaration over identifiable property; no statutory nominal-dollar minimum. Signing does not complete every asset-specific transfer (§ 15-5-401) |
Definite beneficiary ascertainable now or later, valid trustee selection power, or statutory exception; purpose must be lawful, possible, consistent with public policy, and benefit beneficiaries (§§ 15-5-402, -404) |
Owner may declare self as trustee; settlor may also be beneficiary if not sole trustee and sole beneficiary. Trustee must have duties and accept; foreign corporate trustee with Colorado principal administration must qualify (§§ 15-5-401, -402, -701, -208) |
Oral trust allowed under clear-and-convincing proof unless another statute requires form; no universal trust signature, witness, or notary rule. Land trust needs a subscribed writing; UETA applies only to agreed electronic transactions between parties (§ 15-5-407; §§ 38-10-106, 24-71.3-102 to -107) |
Revocable unless terms expressly say irrevocable for instruments executed after Aug. 6, 2013. Revoke/amend by substantial compliance with trust method or, if nonexclusive/absent, any clear-and-convincing method (§ 15-5-602) |
No registration needed to create; fully and concurrently revocable trust cannot register until revocation power ends. Trustee may use certification; trust holding land may record a statement of authority, and recorded title instruments receive race-notice priority (§§ 15-5-205 to -207, -1013; §§ 38-30-108.5, 38-35-109) |
| Connecticut verified 2026-07-30 | Connecticut Uniform Trust Code, Conn. Gen. Stat. §§ 45a-499a–45a-500s; ordinary revocable inter vivos trust (§ 45a-499a) |
Settlor must have capacity and indicate intent; CUTC states no separate numeric or functional trust-capacity test in the creation section (§ 45a-499w) |
Transfer to trustee during life/by deed or death-effective disposition; owner declaration over identifiable property; power-of-appointment/distribution exercise; statutory/judgment transfer; court order. Trustee accepts by trust method or delivery/conduct (§§ 45a-499v, 45a-499rr) |
Transfer routes require property; owner declaration requires identifiable property. No statutory nominal-dollar minimum; signing does not replace a deed, assignment, delivery, or account change (§ 45a-499v) |
Definite beneficiary ascertainable now or later, or statutory exception; indefinite-class selection power valid. Purpose must be lawful and not contrary to public policy (§§ 45a-499w, 45a-499y) |
Trustee must have duties and accept. Settlor may be sole trustee and sole holder of all vested/contingent, present/future beneficial interests without merger (§§ 45a-499w, 45a-489, 45a-499rr) |
Noncharitable oral trust possible with clear-and-convincing proof unless another statute requires writing; no universal trust witness/notary rule. A deed transferring land needs writing, grantor signature, acknowledgment, and 2 witnesses (§ 45a-499bb; § 47-5) |
For instrument executed ≥Jan. 1, 2020, revocable unless expressly irrevocable. Use trust method; otherwise later probated will/codicil or clear-and-convincing method, but written trust amendment needs later writing and revocation needs later writing or statutory physical act (§ 45a-499oo) |
Inter vivos trust has no continuing court supervision. Trustee may furnish certification. Home conveyance must be recorded in town land records to hold against persons beyond grantor/heirs (§§ 45a-499m, 45a-499zzz; § 47-10) |
| Delaware verified 2026-07-30 | Distinct Delaware fiduciary/trust statutes, principally 12 Del. C. chs. 33 and 35; not a comprehensive UTC creation chapter (§§ 3301, 3545) |
No general adult-living-trust capacity or manifested-intent test located in the cited chapters; do not import the will standard. § 3545 supplies execution, not capacity |
A governing instrument includes a trust agreement or declaration, court order, or other duty-creating instrument. § 3545(c) preserves other lawful creation means outside its survivorship-interest rule; no comprehensive effective-time list (§§ 3301, 3545) |
No statutory nominal minimum or complete funding test located. Realty passes by separate deed; certification may state how title to trust property is taken (§ 3591; 25 Del. C. § 101) |
No general definite-beneficiary/lawful-purpose creation checklist located. § 3545's special form rule applies when another person gains or loses an interest whose possession/enjoyment depends on surviving the trustor |
No general statutory trustee-qualification or sole-trustee/sole-beneficiary prohibition located. But only a disinterested trustee may use § 3545(a)(2)'s trustee-execution route |
For § 3545 survivorship interests: trustor signature plus 1 disinterested witness or 2 credible witnesses, OR execution by a disinterested trustee. A qualified notary may count; counterparts and otherwise-valid electronic execution are allowed (§§ 3545, 3550) |
No general statutory default located. A revocable trust should expressly reserve the power; a covered modification or revocation follows § 3545's writing/execution routes, and certification identifies the powerholder (§§ 3545, 3591) |
No court registration required by cited creation provisions. Optional acknowledged certification supports reliance; a deed separately records in the land's county and gains priority when recorded (§ 3591; 25 Del. C. §§ 151, 153) |
| District of Columbia verified 2026-07-30 | D.C. Uniform Trust Code, D.C. Code §§ 19-1301.02 to 19-1311.05; ordinary express revocable inter vivos trust |
Will-capacity standard: age 18+, sound and disposing mind, and capable of a valid deed or contract. Settlor must indicate intent; fraud, duress, or undue influence voids induced creation (§§ 18-102, 19-1304.02, -406, 19-1306.01) |
Lifetime or death-effective transfer to trustee; owner declaration over identifiable property; power of appointment; or narrow court-created trust. Another trustee accepts by stated method, delivery, acting, or other indication (§§ 19-1304.01, 19-1307.01) |
Transfer route requires property; owner declaration must identify property. No statutory nominal-dollar minimum; signing alone does not transfer each asset (§§ 19-1304.01, -402, -418) |
Definite beneficiary ascertainable now or later, or valid indefinite-class selection power; purpose must be lawful, consistent with public policy, possible, and beneficial (§§ 19-1304.02, -404) |
Trustee must have duties; same person cannot be sole trustee and sole beneficiary. Owner may declare self trustee; another trustee accepts under § 19-1307.01 (§§ 19-1304.01 to -402) |
Oral trust permitted with clear-and-convincing proof unless another statute requires form; no universal trust witness/notary rule. A home transfer or declaration uses a signed-and-sealed deed and separate acknowledgment/recording rules (§ 19-1304.07; §§ 42-306, -401) |
Revocable unless terms expressly say irrevocable; exception for pre-March 10, 2004 instrument. Use trust method; if absent or nonexclusive, qualifying will/codicil or another clear-and-convincing method works (§ 19-1306.02) |
No ordinary creation registration; no continuing court supervision unless ordered. Optional certification supports reliance. A land deed takes effect against listed third parties only when delivered for recording (§§ 19-1302.01, 19-1310.13; § 42-401) |
| Florida verified 2026-07-30 | Fla. Stat. ch. 736 (Florida Trust Code), especially §§ 736.0401–.0407, .0601–.0602, .0701, .1017; ordinary revocable inter vivos trust |
Revocable-trust capacity equals will-making capacity; settlor must indicate intent. Fraud, duress, mistake, or undue influence makes the procured part void (§§ 736.0402, .0406, .0601) |
Lifetime/death-effective transfer to another trustee; owner declaration over identifiable property; or power of appointment. Trustee accepts by trust method or, if nonexclusive/absent, delivery, powers/duties, or other indication (§§ 736.0401, .0701) |
Owner declaration must identify property; transfer route requires transfer to another trustee. No statutory nominal-dollar minimum in the creation provisions (§§ 736.0401–.0402) |
Definite beneficiary ascertainable now or later, valid selection power, or statutory charitable/animal/noncharitable-purpose exception; purpose must be lawful, possible, and not contrary to public policy (§§ 736.0402, .0404) |
Trustee must have duties and accept under § 736.0701. Owner may declare as trustee and may be a beneficiary, but the same person cannot be sole trustee and sole beneficiary (§§ 736.0401–.0402, .0701) |
Oral trust possible only under clear-and-convincing proof and subject to other form laws. Land trust needs signed writing. Florida domiciliary's death-disposition provisions need settlor will formalities: writing, signature, and two attesting witnesses signing in mutual presence; no creation notary rule (§§ 736.0403, .0407; §§ 689.05, 732.502) |
Current-code trust revocable unless expressly irrevocable; pre-code instruments excluded. Revoke/amend by substantial compliance with trust method or, if none, specified will/codicil or other clear-and-convincing method, subject to death-disposition formalities (§ 736.0602) |
No court registration condition in creation provisions. Optional certification may replace full trust for nonbeneficiary. Real-property conveyance must be recorded to prevail against creditors/later purchasers without notice; recordability needs acknowledgment or subscribing-witness proof (§ 736.1017; §§ 695.01, .03) |
| Georgia verified 2026-07-30 | O.C.G.A. Title 53, ch. 12, Revised Georgia Trust Code of 2010; ordinary express revocable inter vivos trust (§§ 53-12-1, 53-12-20–25, 53-12-40–43) |
Capacity to create inter vivos trust equals capacity to transfer title inter vivos; writing must show reasonably certain intent (§§ 53-12-20(a)–(b)(1), 53-12-21, 53-12-23) |
Settlor-signed writing creates/declares express trust; funding transfer requires legal title to trustee. Acceptance needed to make designee trustee and may occur by words, delivery, powers/duties, or other conduct (§§ 53-12-20, -25, -202) |
Trust property required and reasonably certain; funding transfer requires legal title to trustee. Self-trust realty enters trust only when conveyance instrument is recorded (§§ 53-12-20(b)(2), 53-12-25) |
Reasonably ascertainable beneficiary within perpetuities period, or valid selection power; lawful purpose (§§ 53-12-20(b)(3), (c), 53-12-22(a)) |
Trustee must have duties and Georgia capacity to hold/transfer title; individual residency/citizenship irrelevant. Same trustee(s) and beneficiary(ies) do not cause merger (§§ 53-12-20(b)(4)–(5), 53-12-24, 53-12-200) |
Express trust writing signed by settlor or expressly authorized agent; no trust-specific witness/notary rule. 2025 e-record statute excludes creation writing/signature. Separate deed needs officer + one witness (§ 53-12-20(a); §§ 53-12-512(a), 44-5-30) |
Irrevocable unless settlor expressly reserves revocation or modification; revocation/modification always written and settlor-signed. Revoke power includes modify; unrestricted modify includes revoke (§ 53-12-40) |
No court registration for creation. Trustee certification may replace full instrument and may be recorded; self-trust realty conveyance must be recorded, and unrecorded deed can lose priority (§§ 53-12-25, 53-12-280; 44-2-1) |
| Hawaii verified 2026-07-30 | Hawaii Uniform Trust Code, Haw. Rev. Stat. ch. 554D; generally applies from Jan. 1, 2022 to trusts created before, on, or after that date (§§ 554D-101, 554D-1104) |
Will-level capacity to create or fund: age 18+ and sound mind; settlor must indicate intent. Fraud, duress, or undue influence voids the induced part (§§ 554D-402, -406, -601; § 560:2-501) |
Lifetime/death-effective transfer to another trustee; owner declaration over identifiable property; power of appointment; or court action. Agent needs specific POA authority and settlor capacity when POA was executed; separate trustee accepts by trust method, delivery, powers/duties, or conduct (§§ 554D-401, -402, -701) |
Property includes real/personal and legal/equitable interests. Declaration route uses identifiable owner-held property; transfer route requires the applicable transfer. No statutory nominal-dollar minimum appears in the creation sections (§§ 554D-103, -401) |
Definite beneficiary ascertainable now/future, valid selection power, or statutory exception; purpose must be lawful, possible, public-policy compliant, and beneficiary-serving (§§ 554D-402, -404) |
Person includes individuals and listed entities; trustee must have duties and accept. Owner declaration permits the settlor as trustee. The current creation section states no sole-trustee/sole-beneficiary bar and no separate settlor-beneficiary prohibition (§§ 554D-103, -401, -402, -701) |
Oral trust and terms may be proved by clear and convincing evidence unless another law requires a trust instrument. No universal trust witness/notary rule appears; separate land conveyances need acknowledgment to record (§§ 554D-407; § 502-41) |
Revocable unless expressly irrevocable; default excludes pre-Jan. 1, 2022 instruments. Use trust method, which may set higher capacity, or if none any signed writing showing clear-and-convincing intent; agent needs express authority in both trust and POA (§ 554D-602) |
Former Probate Code trust-registration article is repealed; no creation registration remains. Certification is optional. A home transfer separately follows regular-system recording and race-notice effect or Land Court registration as the operative conveyance (§§ 560:7-101 to -501; 554D-1013; §§ 501-101, 502-83) |
| Idaho verified 2026-07-30 | No comprehensive UTC creation chapter. Idaho Code tit. 15, ch. 7 governs trust registration, jurisdiction, administration, and selected trusts; tit. 68, ch. 1 supplies trustee powers/certification rules |
No general adult-living-trust capacity or intent test codified in the cited trust chapters; § 15-7-102 requires registration to identify the settlor/source and creation facts, not an age or mental-capacity standard |
Registration statute recognizes written inter vivos and oral trusts but does not codify general transfer, owner-declaration, power-of-appointment, or effective-time routes (§ 15-7-102) |
Oral-trust registration identifies the source of funds and subject matter; the Trustees' Powers Act's limited definition requires a trust asset. No universal statutory nominal-dollar minimum located (§§ 15-7-102, 68-104) |
Registration identifies beneficiaries; the Trustees' Powers Act's limited definition uses a named or otherwise described beneficiary. No general statutory purpose test located in the cited chapters (§§ 15-7-102, 68-104) |
No general statutory trustee-qualification or sole-trustee/sole-beneficiary rule located. Registration acknowledges trusteeship; court appoints if a trust exists without an appointed trustee (§§ 15-7-102, 68-101) |
Oral trusts expressly recognized for registration. Real-estate conveyance needs a writing subscribed by disposer or writing-authorized agent. No universal trust witness/notary rule; certification is an acknowledged affidavit signed by all acting trustees (§§ 15-7-102, 55-601, 68-114) |
No general statutory revocability default or amendment/revocation method located in cited chapters; certification may state revocability and identify the person holding the power (§ 68-115) |
Trustee SHALL register when principal administration is in Idaho; after written demand, 30-day failure can mean removal, denied compensation, or surcharge. Registration is not continuing supervision. Land conveyances follow separate record/priority rules (§§ 15-7-101–104, -201; §§ 55-801, -805, -812, -815) |
| Illinois verified 2026-07-30 | 760 ILCS 3/101–102, 401–407, 601–602, 701, 1013; 740 ILCS 80/9 and 765 ILCS 5/28, 30–31 for land; ordinary express revocable living trust, not an Illinois land trust |
Will-making capacity required for a revocable trust; settlor must indicate intent. Fraud, duress, mistake, or undue influence makes procured part void (§§ 402, 406, 601) |
Transfer to another trustee; owner declaration of identifiable property; power of appointment; court order; or authorized-fiduciary Article 12 route. Trustee accepts by instrument method, delivery, powers/duties, or other assent (§§ 401, 701) |
Transfer route requires property; owner declaration requires identifiable property. No statutory nominal-dollar minimum in §§ 401–402; each asset still needs the applicable transfer act |
Definite beneficiary ascertainable now or later, or valid indefinite-class selection power; lawful purpose not contrary to public policy (§§ 402, 404) |
Trustee must have duties; same person cannot be sole trustee and sole beneficiary. Settlor may be trustee and beneficiary if another beneficiary or trustee prevents both sole roles (§§ 402, 701) |
Oral trust possible only by clear-and-convincing proof unless another statute requires writing; land trust requires settlor-signed writing. No universal trust-specific witness/notary rule (§ 407; 740 ILCS 80/9) |
Irrevocable unless instrument expressly provides revocability or unrestricted amendment; later revocation/amendment follows trust method or signed nonwill writing specifically referring to trust (§ 602) |
No creation registration in §§ 401–407. Optional signed/authenticated certification may be used with third parties; separate real-estate instrument recorded in property's county protects against creditors/later purchasers without notice (§ 1013; 765 ILCS 5/28, 30–31) |
| Indiana verified 2026-07-30 | Indiana Trust Code, Ind. Code art. 30-4, a distinct state code rather than the UTC; ordinary express revocable inter vivos trusts (§ 30-4-1-1) |
Revocable-trust capacity equals will capacity: sound mind and generally age 18+ (with armed-forces/merchant-marine exception). Definite written terms must show property, trustee and beneficiary interests, and purpose (§ 29-1-5-1; §§ 30-4-2-1, -10) |
Written evidence signed through a statutory route; power-of-appointment creation recognized. Trustee accepts conclusively by signature or presumptively by exercising powers/duties (§§ 30-4-2-1, -1.5, -2) |
Terms must identify trust property with reasonable certainty; trustee takes title. No separate corpus beyond a present/future vested/contingent right to specified proceeds or property is required (§§ 30-4-2-1(c)–(d), -6) |
Beneficiary ascertainable now or later, or valid trustee selection power; terms must identify beneficiary interest and purpose. Criminal, tortious, or public-policy terms are invalid (§§ 30-4-2-1(c), (f)–(g), -12) |
No separate settlor bar; natural-person trustee must be 18+, sound mind, good moral character, and able to hold/deal with property; corporation needs relevant powers. Trustee may be beneficiary unless sole trustee and entire beneficiary interest merge (§§ 30-4-1-1, 30-4-2-8, -11) |
Writing mandatory. Traditional evidence may bear settlor, authorized-agent, or qualified directed-adult signature; § 30-4-2-1.5 also states settlor/attorney-in-fact signing. No universal witness/notary rule. Compliant electronic trust needs no witness or notary; deed rules differ (§§ 30-4-1.5-4, 30-4-2-1, -1.5; § 32-21-1-13) |
For instruments executed after June 30, 2005, revocable unless expressly irrevocable. Use stated method or, if absent/nonexclusive, qualifying will/codicil or another signed writing showing clear-and-convincing intent; electronic trusts have added statutory methods (§§ 30-4-1.5-6, 30-4-3-1.5) |
No ordinary trust-instrument filing unless terms expressly direct continuing court jurisdiction; optional certification supports reliance. Home deed must be recorded in the land's county to affect most outsiders and gain recording priority (§§ 30-4-4-5, 30-4-6-4; §§ 32-21-3-3, 32-21-4-1) |
| Iowa verified 2026-07-30 | Iowa Trust Code, Iowa Code Chapter 633A; ordinary adult revocable inter vivos trust (§§ 633A.1101, 633A.2101–2104, 633A.3101–3102) |
Revocable-transfer competency is will-execution competency; Iowa states full age and sound mind, with majority generally at 18. Settlor must be competent and indicate intent (§§ 633A.1102(4), 633A.2102, 633A.3101; §§ 633.264, 599.1) |
Lifetime or will transfer to another trustee; owner declaration; power-of-appointment exercise; enforceable promise to transfer. Signature timing varies by declaration or transfer; trustee accepts by signed instrument/acceptance or knowing delivery, powers, or duties (§§ 633A.2101, .2103, .4101) |
Transfer/declaration routes require property; enforceable-promise route is separately recognized. No statutory nominal-dollar minimum; signing the trust does not replace an asset-specific deed, assignment, delivery, or account change (§§ 633A.1102(16), 633A.2101) |
Definite beneficiary or one ascertainable within the perpetuities period, unless charitable, honorary, or pet exception; indefinite-class selection power valid. Private purpose must be lawful/public-policy-compliant and benefit beneficiaries (§§ 633A.2102, .2104) |
Trustee must have duties and accept. Settlor may be sole trustee and sole current-beneficial-interest holder if at least one other person has a vested/contingent, present/future interest; same person cannot be sole trustee and sole beneficiary (§§ 633A.2102, .4101) |
Oral trust unenforceable. Writing may be signed by trustee/written-authorized agent or be a conveyance signed by settlor/written-authorized agent, with route-specific timing; no universal trust witness/notary rule. Home conveyance needs acknowledgment to record (§ 633A.2103; §§ 558.20, .42) |
Unless expressly irrevocable, revocable; default excludes instruments executed before July 1, 2000. Use trust method or, if nonexclusive, signed nonwill writing delivered during life or later will/codicil expressly referring and devising affected property (§ 633A.3102) |
No ordinary creation registration, probate letters, or continuous jurisdiction; administration is free of court intervention unless invoked. Trustee may present certification. Record a home instrument with county recorder for constructive notice/protection from later value purchaser without notice (§§ 633A.6101, .6201, .4604; §§ 558.11, .41) |
| Kansas verified 2026-07-30 | Kansas Uniform Trust Code, K.S.A. 58a-101 et seq.; ordinary adult revocable inter vivos trust (§§ 58a-101, -401–407, -601–602) |
Will-level capacity: sound mind and rights of majority, generally age 18; settlor must indicate intent (§§ 58a-402, -601; 59-601; 38-101) |
Lifetime/death-effective transfer to trustee or trust name; owner declaration subject to beneficiary-designation limit; power of appointment. Designated trustee accepts by trust method, delivery, powers, duties, or other conduct (§§ 58a-401, -701) |
Property includes real/personal, legal/equitable, or any ownership interest. Transfer route moves property; declaration route uses owner-held property but fails if it would pass at death to a nontrust beneficiary (§§ 58a-103, -401) |
Definite beneficiary ascertainable now/future or statutory exception; indefinite-class selection power valid. Purpose must be lawful, public-policy compliant, achievable, and beneficiary-serving (§§ 58a-402, -404) |
Statutory person includes individuals and listed entities; trustee must have duties and accept. Settlor may serve and benefit, but one person cannot be both sole trustee and sole beneficiary (§§ 58a-103, -402, -701) |
Oral trust possible by clear-and-convincing proof unless cited statutes require writing; land trust must be written and signed by creator or writing-authorized attorney. No universal witness/notary rule; certification is acknowledged (§§ 58a-407, -1013; 58-2401) |
Revocable unless expressly irrevocable; default excludes pre-Jan. 1, 2003 instruments. Use trust method or statutory fallback; attorney-in-fact needs express POA authority (§ 58a-602) |
No court registration or continuing supervision unless ordered. Land instrument may be recorded with county register of deeds; until deposited, valid only between parties and actual-notice persons (§§ 58a-201, 58-2221, -2223) |
| Kentucky verified 2026-07-30 | Kentucky Uniform Trust Code, KRS ch. 386B; ordinary express revocable inter vivos trusts, including oral trusts (§ 386B.1-010) |
Revocable-trust capacity equals will capacity: sound mind and age 18+; settlor must indicate intent (§§ 386B.4-020, 386B.6-010; § 394.020) |
Lifetime transfer to another trustee, owner declaration over identifiable property, or power-of-appointment exercise; designated trustee accepts by stated method or delivery/conduct (§§ 386B.4-010, 386B.7-010) |
Identifiable property is required; property includes any ownable legal/equitable thing or interest. Owner declaration can supply the trust relationship; no universal dollar minimum stated (§§ 386B.1-010, 386B.4-010) |
Definite beneficiary or statutory charitable/animal/noncharitable-purpose exception; indefinite-class selection power valid; purpose must be lawful, public-policy compliant, achievable, and beneficiary-serving (§§ 386B.4-020, -040) |
Trustee must have duties and accept under statutory routes. Settlor may declare self trustee and may be a beneficiary, but the same person cannot be sole trustee and sole beneficiary (§§ 386B.4-010, -020; § 386B.7-010) |
Oral trust possible with clear-and-convincing proof unless another statute requires form; a written trust instrument is signed by settlor. No universal trust witness/notary rule; home transfer needs a deed (§§ 386B.1-010, 386B.4-070; § 382.010) |
Instrument signed on/after July 15, 2014: revocable unless expressly irrevocable; older instruments excluded. Use trust method, or if nonexclusive/absent, qualifying will/codicil or other clear-and-convincing manifestation (§ 386B.6-020) |
No continuing court supervision by default. Register in District Court only if settlor directs; failure affects jurisdiction, not creation. Home deed recording protects against purchasers/creditors; certification may support third-party reliance (§§ 386B.2-010, -050, 386B.10-120; § 382.080) |
| Louisiana verified 2026-07-30 | Louisiana Trust Code, La. R.S. 9:1721 et seq.; civil-law express private trust scheme, not the Uniform Trust Code (§§ 9:1721–1722) |
Age 18 majority; onerous trust requires contract capacity, gratuitous trust donation capacity and general comprehension of disposition; instrument must clearly show trust intent (§§ 9:1753, 9:1763; C.C. arts. 29, 1477, 1918) |
Transfer title to a trustee by formal instrument; trust is created on execution. Trustee may accept in instrument or separately; acceptance relates back, and court appoints if nonparty trustee does not timely accept (§§ 9:1731, 9:1755, 9:1822–1824) |
Property susceptible of private ownership, or any interest in it, may be transferred in trust; no universal dollar minimum stated (§§ 9:1731, 9:1771) |
Beneficiary designated in instrument and objectively ascertainable solely from its standards, generally in being at creation; lawful conditions not against public order or good morals (§§ 9:1736, 9:1801–1803) |
Natural person with full contract capacity who is U.S. citizen or resident alien, or specified qualified financial institution; natural trustee may be settlor, beneficiary, or both, and settlor may be sole beneficiary (§§ 9:1783, 9:1804) |
No oral trust. Authentic act: notary/officer + 2 witnesses and all sign; alternative private-signature act must be executed before 2 witnesses and duly acknowledged by settlor or witness affidavit (§ 9:1752; C.C. arts. 1833, 1836) |
Irrevocable unless settlor reserves revocation or unrestricted modification; later revocation uses authentic act or witnessed-and-acknowledged private act and is ineffective to trustee until received (§§ 9:2021, 9:2041, 9:2051) |
Execution creates trust without general registration. If property title must be recorded to affect third persons, file instrument or extract in each property parish; if instrument itself transfers that property, record instrument (§§ 9:1822, 9:2092) |
| Maine verified 2026-07-30 | Maine Uniform Trust Code, Me. Rev. Stat. Ann. tit. 18-B, §§ 101 to 1104; ordinary adult revocable inter vivos trust (§ 101) |
Will-level capacity: age 18+ and sound mind for an adult; settlor must indicate intent. Fraud, duress, or undue influence voids the induced part (§§ 402, 406, 601; tit. 18-C, § 2-501) |
Lifetime/death-effective transfer to another trustee; owner declaration over identifiable property; or power of appointment. Separate trustee accepts by trust method, delivery, powers/duties, or conduct (§§ 401, 701) |
Property includes real/personal and legal/equitable interests. Declaration route uses identifiable owner-held property; transfer route requires the applicable transfer; no statutory nominal-dollar minimum (§§ 103, 401) |
Definite beneficiary ascertainable now/future, valid trustee selection power, or statutory exception; purpose must be lawful, possible, public-policy compliant, and beneficiary-serving (§§ 402, 404) |
Person includes individuals and listed entities; trustee must have duties and accept. Settlor may be trustee and beneficiary, but one person cannot be both sole trustee and sole beneficiary (§§ 103, 401 to 402, 701) |
Oral trust possible by clear-and-convincing proof unless another statute requires writing. Land estates greater than tenancy at will need a grantor/maker-signed writing. No universal trust witness/notary rule; a deed needs acknowledgment to record (§ 407; tit. 33, §§ 162, 203) |
Revocable unless expressly irrevocable; default excludes instruments executed before July 1, 2005. Use trust method or statutory later-will/any-method fallback; agent needs express authority in trust or POA (§ 602) |
No court registration or continuing supervision is required. Certification is optional; a land conveyance separately records in the county registry and is ineffective against persons without actual notice until acknowledged and recorded (§§ 201, 1013; tit. 33, §§ 201, 203) |
| Maryland verified 2026-07-30 | Maryland Trust Act, Md. Code, Est. & Trusts §§ 14.5-101 et seq.; ordinary adult revocable inter vivos trust |
Revocable-trust capacity equals will capacity: age 18+ and legally competent. Settlor must indicate intent; fraud, duress, or undue influence voids induced creation (ET §§ 4-102(a), 14.5-402(a), 14.5-405, 14.5-601) |
Lifetime transfer to another trustee; owner declaration over identifiable property; power of appointment; statute also recognizes death-effective disposition. Named trustee accepts by stated method, delivery, acting, or other indication (ET §§ 14.5-401, 14.5-701) |
Owner declaration must identify property; transfer route requires property transferred to another trustee. No statutory dollar minimum appears in the creation sections (ET §§ 14.5-401, 14.5-402) |
Definite beneficiary required unless a statutory exception applies; ascertainable now or later, with valid selection from an indefinite class. Purpose must be lawful, consistent with public policy, possible, and beneficial (ET §§ 14.5-402, 14.5-404) |
No express statutory role disqualification or sole-trustee/sole-beneficiary rule; ET § 14.5-402 requires trustee duties and a definite beneficiary but does not resolve complete-merger effect. Another trustee accepts under § 14.5-701 |
Oral trust possible with clear-and-convincing proof unless another law requires form; no universal trust witness/notary rule. A home declaration or transfer requires a deed with identifying terms, execution, acknowledgment, and recording (ET § 14.5-406; RP §§ 3-101, 4-101) |
For instruments executed on/after Jan. 1, 2015, revocable unless expressly irrevocable. Use stated method; if absent or nonexclusive, a qualifying later will/codicil or another clear-and-convincing method works. Joint settlors control attributable contributions (ET § 14.5-602) |
No court registration to create; no continuing supervision unless ordered. Optional certification supports reliance. A home deed must be executed and recorded; later good-faith purchaser for value without notice can prevail by recording first (ET §§ 14.5-201, 14.5-910; RP §§ 3-101, 3-203) |
| Massachusetts verified 2026-07-30 | Massachusetts Uniform Trust Code, M.G.L. c. 203E; ordinary express revocable inter vivos trust creation and execution (§ 101) |
Settlor must have capacity and indicate intent; no separate age or will-capacity formula appears in the creation section. Fraud, duress, or undue influence voids the trust to that extent (§§ 402, 406) |
Lifetime or death-effective transfer to another trustee; owner declaration over identifiable property; power of appointment. Trustee accepts by stated method, delivery, powers/duties, or other indication (§§ 401, 701) |
Transfer route uses property transferred to another trustee; declaration route requires identifiable property already owned. No statutory dollar floor stated; a home transfer uses a separate signed and delivered deed (§ 401; c. 183, §§ 1, 3) |
Definite beneficiary ascertainable now or later, or trustee selection power from an indefinite class; purpose must be lawful and not contrary to public policy (§§ 402, 404) |
Owner may declare self trustee; trustee must have duties; same person may not be both sole trustee and sole beneficiary. Acceptance follows the trust method or statutory conduct routes (§§ 401–402, 701) |
Oral trust allowed unless another statute requires writing; creation and terms need clear-and-convincing proof. No universal trust witness/notary rule; a land interest needs a grantor-signed writing, and a deed needs acknowledgment or proof before recording (§ 407; c. 183, §§ 3, 29) |
Revocable unless terms expressly say irrevocable. Revoke/amend by the trust's method or, if none, any method showing clear-and-convincing intent; joint-settlor allocation follows contribution and the statute's community-property rule (§ 602) |
No creation filing or continuing court supervision unless ordered; certification is optional. Record a land conveyance in the relevant registry to bind most outsiders; recorded trust/change and trustee-certificate rules govern good-faith reliance (c. 203E, §§ 201, 1013; c. 183, §§ 4, 29; c. 184, §§ 34–35) |
| Michigan verified 2026-07-30 | MCL art. VII, Michigan Trust Code; terms generally prevail except listed mandatory rules, including § 700.7401 creation methods, § 700.7402(1)(e) sole-role bar, and § 700.7404 lawful purpose (§§ 700.7102, 700.7105) |
Revocable-trust capacity equals will capacity: age 18+ and statutory understanding test. § 700.7402 states capacity and intent elements, subject to § 700.7105's terms-prevail structure (§§ 700.2501, 700.7402, 700.7601) |
Transfer; owner declaration; power of appointment; § 700.7820a power; or third-person-benefit promise. Terms instrument may precede funding; trustee duties wait for property (§ 700.7401) |
Owner declaration must identify property. No concurrent transfer required for terms instrument validity, but nominated trustee owes no duties until property is transferred or subjected to trust (§ 700.7401(1)(b), (2)) |
§ 700.7402 states definite beneficiary; indefinite-class selection power valid only for charitable trust. Purpose must be lawful, consistent with public policy, and possible; see terms-prevail caveat (§§ 700.7105, 700.7402, 700.7404) |
Same person cannot be sole trustee and sole beneficiary; owner may declare self trustee. Acceptance by trust method or delivery/conduct; silence for reasonable time after knowing designation is rejection (§§ 700.7401–7402, 700.7701) |
Oral trust permitted with clear-and-convincing proof, subject to other statutes; no universal trust-specific signing, witness, or notary rule. Separate Michigan deed must be signed and acknowledged (§ 700.7407; MCL 565.1, 565.8) |
Revocable unless expressly irrevocable, except pre-April 1, 2010 instruments and two power-exercise categories. Revoke/amend by trust method or clear-and-convincing written/oral fallback (§ 700.7602) |
No creation registration stated. Optional affidavit-form certificate; for land, certificate may accompany conveyance and be separately recorded. Recorded-certificate reliance receives good-faith-purchaser protection (§ 700.7913; MCL 565.431, 565.434–435) |
| Minnesota verified 2026-07-30 | Minn. Stat. ch. 501C (Minnesota Trust Code), especially §§ 501C.0201, .0401–.0407, .0601–.0602, .0701, .1013; ordinary revocable inter vivos trust |
Revocable-trust capacity equals will capacity: age 18+ and sound mind. Settlor must indicate intent; fraud, duress, or undue influence voids the induced part (§§ 501C.0402, .0406, .0601; § 524.2-501) |
Lifetime/death-effective transfer to trustee; owner declaration over identifiable property; or power of appointment. Separately named trustee accepts by trust method or delivery, powers/duties, or other indication; no acceptance within 120 days means rejection (§§ 501C.0401, .0701) |
Ordinary routes require a property transfer or an owner declaration over identifiable property; no statutory nominal-dollar minimum. Asset-specific conveyance, assignment, designation, or delivery remains separate (§ 501C.0401) |
Definite beneficiary ascertainable now or later, valid trustee selection power, or statutory exception; purpose must be lawful, possible, consistent with public policy, and benefit beneficiaries (§§ 501C.0402, .0404) |
Trustee must have duties and accept. Owner may declare self trustee; trust does not merge or fail merely because trustee(s) and beneficiary(ies) are the same person(s) (§§ 501C.0401–.0402, .0701) |
Through July 31, 2026: oral trust allowed under clear-and-convincing proof; land trust needs subscribed writing; no universal witness/notary rule, and UETA excludes ordinary trusts. Effective Aug. 1, ch. 533 validates electronic trust instruments/signatures but excludes deeds (§ 501C.0407; §§ 513.04, 325L.03; 2026 ch. 45) |
Irrevocable unless terms expressly make it revocable. Revoke/amend by substantial compliance with trust method or, if absent/nonexclusive, clear-and-convincing writing for a written trust or any qualifying method for an oral trust (§ 501C.0602) |
No creation registration; trust is not under continuing court supervision unless ordered. Optional notarized certificate may be recorded for land; actual land instrument needs execution/acknowledgment to record and faces race-notice priority (§§ 501C.0201, .1013; §§ 507.24, .34) |
| Mississippi verified 2026-07-30 | Mississippi Uniform Trust Code, Miss. Code Ann. Title 91, Chapter 8; UTC-based ordinary adult revocable inter vivos trust (§§ 91-8-101, -401–407, -601–602) |
Age 18 and sound, disposing mind under will standard; settlor must indicate intent. Agent route uses settlor capacity when POA was executed (§§ 91-5-1, 91-8-402, -601) |
Lifetime/death-effective transfer to trustee or trust name; owner declaration; power of appointment; court; qualifying POA agent. Designated trustee accepts by stated method, delivery, powers, duties, or other conduct (§§ 91-8-401, -701) |
Property may be real/personal, legal/equitable, or any ownership interest. Transfer route moves property; declaration route identifies owner-held property. No statutory nominal-dollar minimum (§§ 91-8-103, -401, -407) |
Definite beneficiary ascertainable now/future or statutory exception; indefinite-class selection power valid. Purpose must be lawful, achievable, and benefit beneficiaries (§§ 91-8-402, -404) |
Statutory person includes individuals and listed entities; trustee must have duties and accept. Settlor may serve and benefit, but one person cannot be both sole trustee and sole beneficiary (§§ 91-8-103, -402, -701) |
Oral personal-property trust possible by clear-and-convincing proof; real-property trust requires settlor-signed writing. No will formalities; acknowledgment/proof applies to recordable trust writing or memorandum, and certification is signed and notarized (§§ 91-8-407, -601, -1013) |
Revocable unless expressly irrevocable; default excludes pre-July 1, 2014 instruments. Written trust amendment/revocation requires later writing delivered to trustee; agent needs express trust/POA authority (§ 91-8-602) |
No court registration or filing for validity. Real-property trust writing/memorandum may be filed with chancery clerk for constructive notice; separate land conveyance must be written, signed, delivered, and recorded for purchaser/creditor priority (§§ 91-8-201, -407; §§ 89-1-3, -5-1) |
| Missouri verified 2026-07-30 | Missouri Uniform Trust Code, Mo. Rev. Stat. §§ 456.1-101 to 456.11-1106; ordinary adult revocable inter vivos trust |
Revocable-trust capacity equals will capacity: an adult must be of sound mind. Settlor must indicate intent; fraud, duress, or undue influence voids induced creation (§§ 456.4-402, -406, 456.6-601; § 474.310) |
Lifetime transfer to another trustee; owner declaration over identifiable property; power of appointment; statute also recognizes death-effective transfer and specified court creation. Trustee accepts by stated method, property delivery, acting, or other indication (§§ 456.4-401, 456.7-701) |
Owner declaration must identify property; transfer route requires property delivered or conveyed to another trustee. No statutory dollar minimum appears in the creation provisions (§§ 456.4-401, -402) |
Definite beneficiary required unless a statutory exception applies; beneficiary may be ascertainable now or later, and trustee may select from an indefinite class. Purpose must be lawful, possible, and benefit beneficiaries (§§ 456.4-402, -404) |
Settlor may serve as trustee and beneficiary, but the same person cannot be sole trustee and sole beneficiary. A separately named trustee accepts under the trust method or by delivery, conduct, or other indication (§§ 456.4-402(1)(5), 456.7-701) |
Personal-property trust may be oral with clear-and-convincing proof. Land trust needs a writing signed by the person legally able to declare it or a written will; no universal trust witness/notary rule. A separate land conveyance must be subscribed and acknowledged or proved (§ 456.4-407; § 442.130) |
For instruments executed on/after Jan. 1, 2005, revocable unless expressly irrevocable. Use the stated method substantially; if none, any method showing clear-and-convincing intent, including a qualifying later probated will/codicil. Joint settlors control attributable contributions (§ 456.6-602) |
No court registration to create; no continuing supervision unless ordered. Optional certification may establish authority. An acknowledged/proved instrument affecting land is recorded in the land's county; until deposited, it binds only parties and persons with actual notice (§§ 456.2-201, 456.10-1013; §§ 442.380, .400) |
| Montana verified 2026-07-30 | Montana Uniform Trust Code, Mont. Code Ann. §§ 72-38-101 to -1013; ordinary adult revocable inter vivos trust (§ 72-38-101) |
Will-level capacity: age 18+ and sound mind; settlor must indicate intent. Fraud, duress, or undue influence voids the induced part (§§ 72-38-402, -406, -601; § 72-2-521) |
Lifetime/death-effective transfer to another trustee; owner declaration over identifiable property; or power of appointment. Separate trustee accepts by trust method, delivery, powers/duties, or conduct (§§ 72-38-401, -701) |
Property includes real/personal and legal/equitable interests. Declaration route uses identifiable owner-held property; transfer route requires the applicable transfer; no statutory nominal-dollar minimum (§§ 72-38-103, -401) |
Definite beneficiary ascertainable now/future, valid trustee selection power, or statutory exception; purpose must be lawful, possible, public-policy compliant, and beneficiary-serving (§§ 72-38-402, -404) |
Person includes individuals and listed entities; trustee must have duties and accept. Settlor may be trustee and beneficiary, but one person cannot be both sole trustee and sole beneficiary (§§ 72-38-103, -401 to -402, -701) |
Trust must be evidenced by a writing signed by trustee or settlor, or an agent authorized in writing, unless it arises by law. No universal witness/notary rule; specified real-property interests need a subscribed writing (§ 72-38-407; § 70-20-101) |
Revocable unless expressly irrevocable; default excludes instruments executed before Oct. 1, 1989. Use trust method or, if none, a writing delivered to trustee showing clear-and-convincing intent; agent needs express authority in both trust and POA (§ 72-38-602) |
No court registration is required. Certification is optional and acknowledged on request for recording; a real-property conveyance separately records with the county clerk to give constructive notice (§ 72-38-1013; § 70-21-302) |
| Nebraska verified 2026-07-30 | Nebraska Uniform Trust Code, Neb. Rev. Stat. §§ 30-3801 to 30-38,115; ordinary adult revocable inter vivos trust |
Will-level capacity: age 18+ or otherwise not a minor, and sound mind; settlor must indicate intent. Fraud, duress, or undue influence voids the induced part (§§ 30-3828, -3832, -3853; § 30-2326) |
Lifetime/death-effective transfer to another trustee; owner declaration over identifiable property; or power of appointment. Separate trustee accepts by trust method, delivery, powers/duties, other conduct, or registration (§§ 30-3827, -3857) |
Property may be real/personal, legal/equitable, or any ownership interest. Transfer route moves property; declaration route uses owner-held identifiable property; no statutory nominal-dollar minimum (§§ 30-3803, -3827) |
Definite beneficiary ascertainable now/future, valid trustee selection power, or statutory exception; purpose must be lawful, possible, public-policy compliant, and beneficiary-serving (§§ 30-3828, -3830) |
Statutory person includes individuals and listed entities; trustee must have duties and accept. Settlor may serve and benefit, but one person cannot be both sole trustee and sole beneficiary (§§ 30-3803, -3828, -3857) |
Oral trust possible by clear-and-convincing proof unless another statute requires writing; land trust needs a writing subscribed by the creator. No universal witness/notary rule; a separate certification is an acknowledged affidavit (§§ 30-3833, 36-103, 30-38,102) |
Revocable unless expressly irrevocable; default excludes instruments executed before Jan. 1, 2005. Use trust method or statutory written-trust fallback; agent needs express authority (§ 30-3854) |
County-court trust registration is optional, not a creation condition. Certification may document the trust; recordable land instruments gain priority on delivery for recording (§§ 30-3812, -3816–3819, 30-38,102–106; § 76-238) |
| Nevada verified 2026-07-30 | Nevada Revised Statutes Chapter 163; distinct Nevada creation code, with NRS 163.010–.200 separately called the Uniform Trusts Act, not the UTC. Ordinary adult revocable inter vivos trust (§§ 163.002–.0095) |
Settlor must properly manifest intent and supply trust property; Chapter 163's creation provisions state no separate age, diagnosis, will-capacity, or functional test, so this survey does not substitute one (§ 163.003) |
Owner declaration (owner or another holds property as trustee); lifetime/testamentary transfer to another trustee; power-of-appointment exercise; enforceable promise. Formal title is unnecessary for declaration; creation sections state no separate universal trustee-acceptance form (§§ 163.002–.005) |
Trust property required, but no consideration or nominal-dollar minimum. Declared property and its income/reinvestment remain trust property; later additions to listed property interests also enter trust, and an all-property declaration can reach property reliably identified as the declarant's at death (§§ 163.002, .003, .005) |
Ascertainable/reasonably described beneficiary or class, valid selection power, or statutory exception. Terms may vary rights only so far as not illegal or against public policy (§§ 163.004, .006) |
Creation provisions state no general natural-person, residency, or age qualification. Settlor may be sole trustee and sole lifetime beneficiary if trust names one or more successor beneficiaries; two or more settlors may also hold lifetime beneficial interests (§ 163.007) |
Personal-property oral trust needs clear-and-convincing proof and more than settlor's oral declaration alone. Real-property trust generally needs trustee-signed writing or settlor-signed conveyance, but specifically identified self-declaration need not be written. Electronic trust must meet § 163.0095; no universal witnesses/notary (§§ 163.008–.0095) |
Nevada reverses the UTC default: trust is irrevocable unless settlor expressly reserves a revocation right in the trust instrument. Another person's amendment/right/power does not make it revocable; follow the instrument because § 163.004 supplies no general fallback revocation method (§ 163.004) |
No court creation registration; a real-property trust may be county-recorded but recordation is not a validity condition. Certification may replace instrument disclosure. Separate conveyance is valid between parties unrecorded but record for notice and race-notice priority (§ 163.008; §§ 164.400–.430; §§ 111.315–.325) |
| New Hampshire verified 2026-07-30 | New Hampshire Trust Code, RSA 564-B; effective Oct. 1, 2004; ordinary adult revocable inter vivos trust (§ 564-B:1-101) |
Will-level capacity: age 18+ and sane mind for an adult; settlor must indicate intent. Invalid creation, fraud, duress, or undue influence voids the trust to that extent (§§ 564-B:4-402, :4-406, :6-601; § 551:1) |
Lifetime/death-effective transfer to another trustee; owner declaration over identifiable property; power of appointment; or court judgment/decree. Separate trustee accepts by trust method, delivery, powers/duties, or conduct (§§ 564-B:4-401, :7-701) |
Property includes real/personal and legal/equitable interests. Declaration route uses identifiable owner-held property; transfer route requires the applicable transfer; no statutory nominal-dollar minimum (§§ 564-B:1-103, :4-401) |
Definite beneficiary ascertainable now/future, valid trustee selection power, or statutory exception; purpose must be lawful, possible, public-policy compliant, and beneficiary-serving (§§ 564-B:4-402, :4-404) |
Person includes individuals and listed entities; trustee must have duties and accept. Settlor may be trustee and current beneficiary when another person holds the remainder; one person cannot be sole trustee, sole current beneficiary, and sole remainder beneficiary (§§ 564-B:1-103, :4-401 to :4-402, :7-701) |
Oral trust possible by clear-and-convincing proof unless another statute requires writing. A trust concerning land needs a creator-signed instrument. No universal witness/notary rule; a separate real-estate conveyance must be signed and acknowledged (§§ 564-B:4-407; RSA 477:3, :17) |
Revocable unless expressly irrevocable; default excludes instruments executed before Oct. 1, 2004. Use trust method or, if absent/nonexclusive, any method giving clear-and-convincing evidence. Agent needs express authority in both trust and POA, and trustee notice (§ 564-B:6-602) |
No court registration or continuing supervision is required. Ordinary certification is optional; a deed affecting realty records by county for bona-fide-purchaser effect, and an optional deed-formalized trustee certificate may conclusively establish realty-conveyance power (§§ 564-B:2-201, :10-1013; RSA 477:3-a) |
| New Jersey verified 2026-07-30 | N.J.S.A. 3B:31-1 to -84, New Jersey Uniform Trust Code; creation requirements and beneficiary-purpose rules are mandatory (§§ 3B:31-2, -5, -18 to -23) |
Revocable-trust capacity equals will-making capacity; settlor must indicate intent. Fraud, duress, or undue influence makes trust void to affected extent (§§ 3B:31-19(a)(1)–(2), -23, -42) |
Written lifetime/death-effective transfer to another trustee; written owner declaration; or written power-of-appointment exercise. Trustee accepts by trust method or delivery/conduct (§§ 3B:31-18, -46) |
Transfer route uses property; owner declaration must identify property. Instrument is not invalid merely because transferee is named as trust rather than trustee; no dollar minimum stated (§§ 3B:31-18, -19(d)) |
Definite beneficiary ascertainable now or later, or valid indefinite-class selection power; purpose must be lawful, consistent with public policy, possible, and beneficial (§§ 3B:31-19, -21) |
Trustee must have duties; same person cannot be sole trustee and sole beneficiary of all interests. Owner may declare self trustee; reasonable-time silence after designation is renunciation (§§ 3B:31-18, -19, -46) |
Written creation method required; trust instrument is an instrument executed by settlor. No universal witness, acknowledgment, or notary requirement in creation sections; § 3B:31-82 is an E-SIGN conformity provision (§§ 3B:31-3, -18, -82) |
Revocable unless terms expressly say irrevocable or clear-and-convincing evidence proves irrevocable intent; pre-code instrument exception. Revoke/amend by trust method, qualifying will/codicil, or other writing (§ 3B:31-43) |
No creation registration stated. Trustee may give certification instead of trust instrument; all current trustees sign it, and a person without knowledge of error may rely without inquiry (§ 3B:31-81) |
| New Mexico verified 2026-08-01 | New Mexico Uniform Trust Code, NMSA 1978 §§ 46A-1-101 to 46A-11-1104 (eff. July 1, 2003); §§ 46A-1-106, 46A-4-401 to -404, 46A-4-407, 46A-6-601 to -602, 46A-7-701, 46A-10-1013; ordinary adult revocable living trust |
Capacity to create, amend, revoke, or add property to a revocable trust is the same as will-making capacity; the settlor must indicate an intention to create the trust (§§ 46A-6-601, 46A-4-402(A)(1)–(2)) |
Three methods: lifetime or death-time transfer to another as trustee, declaration by the owner that the owner holds identifiable property as trustee, or exercise of a power of appointment in favor of a trustee (§ 46A-4-401) |
A declaration requires identifiable property; the code sets no minimum funding amount and no separate delivery formality beyond the chosen method (§ 46A-4-401(B)) |
Definite beneficiary required unless charitable, animal, or noncharitable-purpose; beneficiary is definite if ascertainable now or in the future. Purposes must be lawful, not contrary to public policy, and possible to achieve, and the trust must benefit its beneficiaries (§§ 46A-4-402(A)(3), (B), 46A-4-404) |
Trustee must have duties to perform; the same person may not be sole trustee and sole beneficiary. Settlor may serve as trustee. Acceptance is by the terms' method or by accepting delivery, exercising powers, or otherwise indicating acceptance (§§ 46A-4-402(A)(4)–(5), 46A-7-701) |
UTC requires no writing, witness, or notary, but expressly yields to any statute outside the code; an oral trust needs clear and convincing evidence. New Mexico applies received English Statute of Frauds § 7 to trusts in land, so a trust holding real property needs a memorandum manifesting and proving it (§§ 46A-4-407, 46A-1-106; Aragon v. Rio Costilla, 1991) |
Revocable by default unless the terms expressly say irrevocable, for instruments executed on or after July 1, 2003; revoke or amend by the terms' method, or if none or nonexclusive, by a later will or codicil expressly referring to the trust or by any method showing clear and convincing evidence of intent (§ 46A-6-602(A), (C)) |
No trust registration system and no recording requirement to create the trust. A deed moving real property into the trust is recorded under the ordinary land-records rules, and a certification of trust may be furnished instead of the full instrument (§ 46A-10-1013; NMSA 1978 §§ 14-8-4, 14-9-1 to -3) |
| New York verified 2026-07-30 | N.Y. EPTL art. 7, pt. 1; distinct state lifetime-trust rules, not the UTC (§§ 7-1.1, 7-1.4, 7-1.14–7-1.18) |
Natural creator must be 18 or older; cited creation sections state no separate functional-capacity or express-intent formula (§ 7-1.14) |
Written lifetime trust executed by creator and at least one trustee unless creator is sole trustee; validity reaches only transferred assets (§§ 7-1.17–7-1.18) |
Real or personal property may be placed in lifetime trust; trust valid only to extent assets have been transferred. No statutory nominal-dollar minimum (§§ 7-1.14–7-1.15, 7-1.18) |
Express trust may serve any lawful purpose; same-person structure avoids merger only if another person has a vested or contingent, present or future beneficial interest (§§ 7-1.1, 7-1.4) |
Creator may be sole trustee and sole present beneficiary if at least one other person has a vested/contingent present/future beneficial interest; no separate trustee-eligibility rule in cited creation sections (§§ 7-1.1, 7-1.17) |
Writing mandatory. Creator and at least one trustee unless creator is sole trustee must either acknowledge like a recordable deed or sign before two witnesses who sign the instrument (§ 7-1.17(a)) |
Irrevocable unless instrument expressly says revocable. Authorized amendment/revocation must be written and ordinarily acknowledged or witnessed like the trust; specific will direction is an additional route (§§ 7-1.16–7-1.17(b)) |
No court registration or recording step stated for creation; §§ 7-1.17–7-1.18 make execution and asset transfer controlling. Separate title or recording law may govern a particular asset |
| North Carolina verified 2026-07-30 | N.C. Gen. Stat. ch. 36C, North Carolina Uniform Trust Code; ordinary revocable express inter vivos trust (§§ 36C-1-102, 36C-4-401–407, 36C-6-601–602) |
Age 18 or older and sound mind under will-capacity standard; settlor must indicate intent. Fraud, duress, or undue influence makes creation voidable (§§ 31-1, 36C-4-402(a)(1)–(2), 36C-4-406, 36C-6-601) |
Lifetime/death-effective transfer to trustee; owner declaration; power of appointment; or court order. Trustee accepts by trust method, delivery, conduct, or other indication (§§ 36C-4-401, 36C-7-701) |
Transfer route uses property; owner declaration must identify property and separately transfer title if other law requires. No dollar minimum stated (§ 36C-4-401(1)–(2)) |
Definite beneficiary ascertainable now or later, or valid indefinite-class selection power; purpose must be lawful, consistent with public policy, possible, and beneficial (§§ 36C-4-402–404) |
Trustee must have duties; same person cannot be sole trustee and sole beneficiary. Owner may declare self trustee; acceptance follows trust method or conduct (§§ 36C-4-401(2), 36C-4-402(a)(4)–(5), 36C-7-701) |
Oral trust permitted with clear-and-convincing proof, subject to other state statutes; no universal trust-specific signature, witness, or notary rule. Separate land-transfer writing and recording formalities apply (§ 36C-4-407; § 22-2; §§ 47-17–18) |
Revocable unless terms expressly say irrevocable; exception for instrument executed before Chapter 36C. Use trust method or statutory fallback; joint settlors control attributable shares (§ 36C-6-602) |
No creation filing stated in §§ 36C-4-401–402. Real-property recipient may require an acknowledged, registerable trust certification; separate conveyance gains third-party priority on county registration (§ 36C-10-1013(j); §§ 47-17–18) |
| North Dakota verified 2026-07-30 | North Dakota Uniform Trust Code, N.D.C.C. chs. 59-09 to 59-19; ordinary adult revocable inter vivos trust (§ 59-09-01) |
Will-level capacity: adult and sound mind. Settlor must indicate intent; fraud, duress, or undue influence makes trust void or reformable to that extent (§§ 59-09-04.1, 59-12-02, -06; § 30.1-08-01) |
Lifetime/death-effective transfer to another trustee; owner declaration over identifiable property; or power of appointment. Separate trustee accepts by trust method, delivery, powers/duties, or conduct (§§ 59-12-01, 59-15-01) |
Declaration route requires identifiable owner-held property; transfer route requires applicable transfer. No statutory nominal-dollar minimum (§ 59-12-01) |
Definite beneficiary ascertainable now/future, valid trustee selection power, or statutory exception; purpose must be lawful, possible, and beneficiary-serving (§§ 59-12-02, -04) |
Trustee must have duties and accept. Settlor may be trustee and beneficiary, but one person cannot be both sole trustee and sole beneficiary (§§ 59-12-02, 59-15-01) |
Oral trust generally provable by clear-and-convincing evidence, but beneficial-interest transfer needs a transferor-subscribed writing and a realty trust needs trustee/authorized-agent subscribed writing or statutory alternative. No universal witness/notary rule (§§ 59-12-07, -18; § 47-11-02) |
Revocable unless expressly irrevocable; default excludes pre-Aug. 1, 2007 instruments. Use trust method or, if absent/nonexclusive, later will/codicil or any clear-and-convincing method; agent action must be written and delivered (§ 59-14-02) |
No court registration or continuing supervision required. Realty instrument records after acknowledgment/proof; unrecorded instrument binds parties/notice takers but can lose to first-recording good-faith purchaser (§ 59-10-01; §§ 47-19-03, -41, -46) |
| Ohio verified 2026-07-30 | R.C. Chapters 5801–5811, Ohio Trust Code; R.C. 1335.04 and 5301.01, .25, .255 for land and memoranda; ordinary express revocable inter vivos trust |
Will-making capacity required for revocable trust; settlor must indicate intent. Fraud, duress, or undue influence makes induced part void (R.C. 5804.02, .06; 5806.01) |
Lifetime/death-effective transfer to trustee; owner declaration; power of appointment; or court order. Named trustee accepts by trust method, delivery, powers/duties, or other assent (R.C. 5804.01; 5807.01) |
Trust valid regardless of existence, size, or character of corpus; owner-declaration route identifies property, and each asset still needs its applicable transfer act (R.C. 5804.01(B), 5804.02(D)) |
Definite beneficiary ascertainable now or later, or valid indefinite-class selection power; purpose must be lawful, not against public policy, and possible (R.C. 5804.02–.04) |
Trustee must have duties. Settlor may be sole trustee and sole present beneficiary if another person holds a vested, contingent, or expectant future interest (R.C. 5804.02(A)(4)–(5), (E)) |
Oral trust allowed only by clear-and-convincing proof unless another Code section requires form; land grant/assignment needs deed or signed writing. No universal trust-instrument witness/notary rule (R.C. 5804.07; 1335.04) |
Post-2006 trust revocable unless expressly irrevocable; pre-2007 instrument excluded from that default. Follow trust method or clear-and-convincing intent; will/codicil ineffective unless trust expressly allows (R.C. 5806.02) |
No creation registration in R.C. 5804.01–.07. Optional certification for third parties; acknowledged memorandum required of record when disclosed-trust trustee conveys realty, otherwise may be recorded; deed priority depends on recording (R.C. 5810.13; 5301.01, .25, .255) |
| Oklahoma verified 2026-07-30 | Oklahoma Uniform Trust Code, 60 O.S. §§ 1601.1–1610.3, plus compatible Oklahoma Trust Act provisions; ordinary revocable inter vivos trust (§ 1610.3) |
Same capacity as making a will: over 18 and of sound mind; settlor must indicate intent (§§ 1606.1, 1604.2; 84 O.S. § 41) |
Lifetime/death-effective transfer to trustee, owner declaration over identifiable property, or power-of-appointment exercise; separately named trustee accepts by trust method or delivery/conduct (§§ 1604.1, 1607.1) |
Transfer route requires property; owner declaration requires identifiable property. No statutory nominal-dollar minimum; signing does not replace a separate deed, assignment, delivery, or retitling (§ 1604.1) |
Definite beneficiary ascertainable now or later, or statutory exception; indefinite-class selection power valid. Purpose must be lawful, public-policy compliant, achievable, and beneficiary-serving (§§ 1604.2, 1604.4) |
Trustee must have duties and accept. Settlor may be trustee and beneficiary only if the same person is not both sole trustee and sole beneficiary; beneficiary may be cotrustee (§§ 1604.2, 1607.1, 175.6) |
Oral trust possible with clear-and-convincing proof unless another statute requires form; no universal trust witness/notary rule. Real-property trust needs writing subscribed by trustor or writing-authorized agent (§§ 1604.7, 175.6) |
Revocable unless instrument expressly makes it irrevocable; no reservation needed. Statute also permits revocation with written consent of all living vested/contingent-interest holders but states no universal unilateral form (§ 175.41) |
No court registration condition in creation statutes. Land acquired/transferred in trust name requires county memorandum; separate conveyance must be written, and acknowledgment/recording is needed against third persons (§ 175.6a; 16 O.S. §§ 4, 15) |
| Oregon verified 2026-07-30 | Oregon Uniform Trust Code, ORS ch. 130; ordinary express revocable inter vivos trust (§ 130.001) |
Will capacity: sound mind and age 18+, with lawful-marriage/emancipation alternatives; settlor must indicate intent (§§ 112.225, 130.155, 130.500) |
Transfer to trustee, owner declaration, power-of-appointment exercise, or expressly authorized attorney-in-fact; another trustee accepts by trust method or knowing delivery/conduct (§§ 130.150, 130.600) |
Owner declaration requires identifiable property; property includes real/personal, legal/equitable things or interests. Death-benefit right alone can be corpus; no universal dollar minimum (§§ 130.010, 130.150) |
Definite beneficiary ascertainable now or later, or statutory exception; indefinite-class selection power valid. Purpose must be lawful, public-policy compliant, achievable, and beneficiary-serving (§§ 130.155, 130.165) |
Trustee must have duties and accept by statutory route. Settlor may declare self trustee and may be beneficiary, but one person cannot be both sole trustee and sole beneficiary (§§ 130.150, 130.155, 130.600) |
Oral trust possible with clear-and-convincing proof unless another statute requires form; no universal trust witness/notary rule. Real-property trust or transfer requires subscribed writing; Oregon deed needs grantor signature and acknowledgment (§§ 130.180, 93.020, 93.410) |
Revocable unless expressly irrevocable. Use trust method; if none, any other clear-and-convincing method except a will/codicil. Agent needs express trust authority; conservator/guardian needs court approval (§§ 130.500, 130.505) |
No creation registration or continuing supervision by default. All trustees may furnish certification on request. Record home deed to avoid loss to later good-faith purchaser for value who records first (§§ 130.050, 130.860; § 93.640) |
| Pennsylvania verified 2026-07-30 | 20 Pa.C.S. ch. 77, Pennsylvania Uniform Trust Act; ordinary revocable express inter vivos trust (§§ 7701–7702, 7731–7737, 7751–7752) |
Will-making capacity required for revocable trust; settlor must sign writing indicating intent and containing trust provisions (§§ 7732(a)(1)–(2), 7751) |
Written lifetime/death-effective transfer to another trustee; signed owner declaration of identifiable property; or written power-of-appointment exercise (§ 7731) |
Transfer route requires property; owner declaration must identify property. No statutory nominal-dollar minimum (§ 7731(1)–(2)) |
Definite beneficiary ascertainable now or later, or valid indefinite-class selection power; lawful purpose not contrary to public policy (§§ 7732(a)(3), (c)–(d), 7734) |
Trustee must have duties; same person cannot be sole trustee and sole beneficiary. Settlor may hold both roles if another beneficiary or cotrustee prevents sole-role merger (§ 7732(a)(4)–(5)) |
Settlor-signed writing mandatory; oral trusts unenforceable. No trust-specific witness, acknowledgment, or notary requirement in §§ 7731–7737 |
Revocable unless terms expressly make trust irrevocable; revocation/amendment only by substantial compliance with trust method or statutory fallback when no method is provided (§ 7752(a), (c)) |
No creation registration or filing stated in Chapter 77. Trustee may furnish an authenticated certification instead of the trust instrument to a third person; separate asset-transfer law still controls (§ 7790.3) |
| Rhode Island verified 2026-07-30 | No comprehensive UTC creation chapter. Title 18 contains selected fiduciary and trust statutes; §§ 18-4-27, 34-4-27, and 34-11-1 govern written-trust validity and realty issues |
No general living-trust capacity or manifested-intent test located in the cited current statutes; § 18-4-27 applies only to an otherwise valid written trust |
No comprehensive statutory route or effective-time list located. Trust realty is conveyed to the trustees; delivery preserves specified unrecorded realty conveyances between parties and against notice takers (§§ 34-4-27, 34-11-1) |
No statutory nominal minimum located. Realty intended for the trust must be conveyed to the trustees; signing the trust alone does not replace that conveyance (§ 34-4-27) |
No general definite-beneficiary or lawful-purpose creation checklist located in the cited current statutes; § 18-4-27 instead addresses retained interests and merger |
Settlor may be sole trustee and sole current beneficiary without that fact alone invalidating the trust. Merger requires irrevocable unity of legal title and the entire beneficial interest, including future/contingent interests (§ 18-4-27) |
§ 18-4-27 protects an otherwise valid trust created by written instrument. A land conveyance on trust and related declaration require writing, signature, acknowledgment, delivery, and recording; no universal personal-property witness/notary rule located (§ 34-11-1) |
No general statutory revocability default or amendment method located. An otherwise valid written trust is not invalid merely because a settlor or another person retains revocation or amendment powers (§ 18-4-27) |
No court-registration system located. A realty trust memorandum may record at creation; trustees transferring/mortgaging trust property must record the trust instrument or memorandum, and amendments/revocations record to give third-party notice (§ 34-4-27) |
| South Carolina verified 2026-07-30 | S.C. Code Title 62, art. 7 (South Carolina Trust Code), especially §§ 62-7-201, -401 to -407, -601 to -602A, -701, -1013; ordinary revocable inter vivos trust |
Will capacity: sound mind and not a minor; minor generally means under 18 except a married or family-court-emancipated person. Settlor must indicate intent; fraud, duress, or undue influence makes creation voidable (§§ 62-1-201(27), 62-2-501, 62-7-402, -406, -601) |
Lifetime/death-effective transfer to trustee; signed owner declaration over identifiable property; or power of appointment. Separately named trustee accepts by trust method or delivery, powers/duties, or other indication (§§ 62-7-401, -701) |
Transfer route requires property; owner declaration must identify property and be signed. No statutory nominal-dollar minimum; each asset's transfer remains separate (§ 62-7-401) |
Definite beneficiary ascertainable now or later, valid trustee selection power, or statutory exception; purpose must be lawful, possible, consistent with public policy, and benefit beneficiaries (§§ 62-7-402, -404) |
Trustee must have duties and accept. Settlor may be trustee and current beneficiary if not sole trustee and sole current-and-future beneficiary; merger requires both sole roles and matching title quality/duration (§§ 62-7-401–402, -701) |
Owner declaration and real-property trust require signed writing; written agreement may be signed by settlor or directed signer in settlor's presence. Personal-property transfer trust may be oral with clear-and-convincing proof. No universal witness/notary rule; UETA covers agreed two-or-more-person transactions (§§ 62-7-401–402, -407; §§ 26-6-20 to -70) |
Revocable unless terms expressly say irrevocable, except pre-code instruments. Revoke/amend by trust method or statutory later-will, oral-trust statement, or delivered written fallback; agent needs express authority (§§ 62-7-602, -602A) |
No creation registration or continuing supervision. Trustee may use certification; land certificate must be recordably executed/acknowledged. Recordable instruments require proof/acknowledgment, and land-trust instruments affect later creditors/purchasers only from recording (§§ 62-7-201, -1013; §§ 30-5-30, 30-7-10) |
| South Dakota verified 2026-07-30 | South Dakota's distinct trust statutes, principally SDCL chs. 55-1 and 55-3; ordinary adult express inter vivos trust, not a UTC chapter |
Intent plus subject, purpose, and beneficiary shown with reasonable certainty. Lack of contractual capacity, fraud, duress, undue influence, mistake, forgery, or execution irregularity are statutory contest grounds (§§ 55-1-4, -46) |
Any words/acts of trustor establish trustor/beneficiary side; separate trustee's words/acts must show acceptance/acknowledgment and terms. Mutual consent creates the trust before rescission (§§ 55-1-4 to -5; § 55-3-2) |
No initial res, corpus, asset, ascertainable property, or nominal minimum required; no fiduciary duty arises before property exists (§ 55-1-55) |
Subject, purpose, and beneficiary must be reasonably certain; beneficiary includes present/future, vested/contingent interests. Purpose may be anything for which a contract may lawfully be made (§§ 55-1-1, -4, -12) |
Separate trustee accepts or acknowledges by words/acts. Trustor may be sole trustee and sole lifetime beneficiary if trust provides successor beneficiaries at death; trust then is not invalid, merged, or terminated (§§ 55-1-5, -15) |
Personal-property express trust may arise from words or acts; trust concerning realty must be evidenced in writing. No universal trust signature, witness, or notary rule stated (§ 55-1-4) |
Irrevocable unless terms expressly reserve settlor's power to revoke or modify. Statute states no universal writing/delivery fallback; use the reserved method in the trust (§ 55-3-6) |
Court registration at principal administration is optional. Recorded realty instruments give constructive notice; first recorded conveyance prevails over later good-faith value takers (§§ 55-1-56 to -57; §§ 43-28-15, -17) |
| Tennessee verified 2026-07-30 | Tennessee Uniform Trust Code, Tenn. Code Ann. Title 35, ch. 15; applies to express trusts, including ordinary revocable inter vivos trusts (§§ 35-15-101–102) |
Revocable-trust capacity equals will capacity: sound mind and age 18+. Settlor must indicate intent; fraud, duress, or undue influence voids creation to that extent (§ 32-1-102; §§ 35-15-402, -406, -601) |
Transfer to another trustee; owner declaration over identifiable property; power of appointment; or court action. Trustee accepts by stated method, delivery, powers/duties, or other indication (§§ 35-15-401, -701) |
Validity extends only to assets transferred: record/re-register registrable assets; recital may transfer nonregistrable assets; qualifying tangible property may use a delivered, signed instrument identifying property generally and the trust (§ 35-15-402(d)) |
Definite beneficiary ascertainable now or later, or trustee selection power from an indefinite class; purpose must be lawful, possible, and for beneficiaries' benefit (§§ 35-15-402, -404) |
Owner may declare self trustee; trustee must have duties; same person may not be both sole trustee and sole beneficiary. Acceptance follows the trust method or statutory conduct routes (§§ 35-15-401–402, -701) |
Oral trust allowed unless another statute requires writing; creation and terms need clear-and-convincing proof. Inter vivos trust/transfer records may be electronic. No universal trust witness/notary rule; a deed needs maker signature plus acknowledgment or two witnesses to record (§§ 35-15-407, -601, -1102; §§ 47-10-103, -107; § 66-22-101) |
For instruments executed on/after July 1, 2004, revocable unless expressly irrevocable. Revoke/amend by substantial compliance or, if the stated method is absent/nonexclusive, a qualifying will/codicil or any clear-and-convincing method (§ 35-15-602) |
No routine creation filing or continuing court supervision. Registrable assets must be recorded/re-registered to enter the trust; optional notarized certification supports reliance. Recording gives outsider notice; unrecorded instruments are void against creditors and bona fide purchasers without notice (§§ 35-15-201, -402(d), -1013; §§ 66-26-101–103) |
| Texas verified 2026-07-30 | Tex. Prop. Code ch. 112 (Texas Trust Code), especially §§ 112.001–.009, .031, .033–.034, .051; ordinary revocable inter vivos trust |
Same capacity required to transfer, will, or appoint the property free of trust; settlor must manifest intent to create the trust (§§ 112.002, 112.007) |
Owner declaration; lifetime or testamentary transfer to trustee; power of appointment; or enforceable promise. Transfer route requires transfer; trustee accepts conclusively by signature or presumptively by exercising powers/duties (§§ 112.001, .003, .009) |
Trust property required; no consideration or statutory nominal-dollar minimum. Owner declaration can place owned property in trust; future promise needs an enforceable contract (§§ 112.001, .003, .005) |
Chapter 112 has no separate UTC-style definite-beneficiary formula; creation routes identify another person/third person, purpose must be legal and consistent with public policy, and sole trustee plus sole beneficiary causes merger (§§ 112.001, .031, .034) |
Trustee needs capacity to take, hold, and transfer property; qualified corporation needs Texas trustee power. Settlor may be trustee and trustee may be beneficiary, but not sole trustee holding all equitable interests (§§ 112.008, .034) |
General rule: written evidence of terms signed by settlor/authorized agent; no trust-specific witness or notary requirement. Narrow nonwritten personal-property route requires transfer to an independent trustee and timely expressed intent. UETA applies only to agreed electronic transactions between parties (§ 112.004; Bus. & Com. §§ 322.003, .005, .007) |
Revocable unless the creating or modifying instrument expressly makes it irrevocable. A written trust's revocation, modification, or amendment must be written (§ 112.051) |
No court registration or filing condition in Chapter 112. Trustee may give a certification instead of the full trust to a nonbeneficiary; real-property instruments may be recorded if acknowledged/sworn/proved, and an unrecorded conveyance can lose to a creditor or later purchaser for value without notice (§ 114.086; §§ 12.001, 13.001) |
| Utah verified 2026-07-30 | Utah Uniform Trust Code, Utah Code Title 75B, Chapter 2; ordinary adult revocable inter vivos trust (§§ 75B-2-401–407, 75B-2-601–602) |
Will-level capacity: age 18+, specified family/relationship/property understanding, and ability to form a disposition plan; settlor must indicate intent or creation must be authorized by statute, judgment, or decree (§§ 75B-2-402, 75B-2-601; § 75-2-501) |
Transfer to another trustee during life or by death-effective disposition; owner declaration over identifiable property; or power-of-appointment exercise. A separate trustee accepts by trust method or delivery, powers, duties, or other acceptance conduct (§§ 75B-2-401, 75B-2-701) |
Transfer route requires property to another trustee; declaration route requires identifiable property already owned. No statutory nominal-dollar minimum; signing does not replace an asset-specific deed, assignment, delivery, or account change (§ 75B-2-401) |
Definite beneficiary ascertainable now or later, or statutory exception; indefinite-class selection power valid. Purpose must be lawful, public-policy-compliant, achievable, and for beneficiaries' benefit (§§ 75B-2-402, 75B-2-404) |
Trustee must have duties and accept. Settlor may serve as trustee and beneficiary, but the same person cannot be sole trustee and sole beneficiary; another present or future beneficiary avoids that sole-role bar (§§ 75B-2-402, 75B-2-701) |
Oral trust possible with clear-and-convincing proof unless another statute requires form; no universal trust witness/notary rule. A trust or power concerning real property requires a writing subscribed by its creator or written-authorized agent (§ 75B-2-407; § 25-5-1) |
Unless expressly irrevocable, revocable; default excludes instruments executed before May 1, 2004. Use trust method, or if absent/nonexclusive, later will/codicil with statutory reference/devise or another clear-and-convincing method (§ 75B-2-602) |
No creation registration or continuing court supervision; administration proceeds without court action unless jurisdiction invoked. Trustee may furnish certification. Recordable land document needs acknowledgment and county recording; nonrecording loses to a good-faith value purchaser who records first (§§ 75B-2-201, 75B-2-1013; §§ 57-3-101–103) |
| Vermont verified 2026-07-30 | Vermont Trust Code, 14A V.S.A. §§ 101 et seq.; ordinary express revocable inter vivos trust |
Will-capacity standard: age 18+ or court-emancipated and sound mind. Settlor must indicate intent; agent-created trust is valid if express authority exists and settlor had capacity when signing POA (§§ 401–402, 601; 14 V.S.A. § 1) |
Lifetime/death-effective transfer to trustee or named trust; owner declaration; power of appointment; statute/judgment/decree; or expressly authorized agent. Another trustee accepts by stated method, delivery, acting, or other indication (§§ 401, 701) |
Transfer route requires property; owner declaration must identify property. No statutory nominal-dollar minimum; signing alone does not transfer each asset (§§ 401–402) |
Definite beneficiary ascertainable now or later, or valid indefinite-class selection power; purpose must be lawful, consistent with public policy, possible, and beneficial (§§ 402, 404) |
Trustee must have duties; same person cannot be sole trustee and sole beneficiary of all beneficial interests. Owner may declare self trustee; another trustee accepts under § 701 (§§ 401–402) |
Oral trust permitted with clear-and-convincing proof unless another statute requires form; no universal trust witness/notary rule. Home deed must be grantor-signed, acknowledged before notary, and town-recorded; no witness stated (§ 407; 27 V.S.A. §§ 341–342) |
Revocable unless terms expressly say irrevocable; exception for instrument executed before Title 14A's effective date. Use trust method; if absent/nonexclusive, qualifying will/codicil or another clear-and-convincing method works. Joint-settlor shares follow § 602 |
No ordinary creation registration; no continuing supervision unless ordered. Optional sworn certificate may be recorded and supports reliance. Home deed must be acknowledged and recorded to bind beyond grantor/heirs (§§ 201, 1013; 27 V.S.A. §§ 341–342) |
| Virginia verified 2026-07-30 | Va. Code §§ 64.2-700, -703, -719–725, -750–751, -754, -804, -806; Virginia Uniform Trust Code; ordinary revocable express inter vivos trust |
Will-capacity standard: not of unsound mind or an unemancipated minor; settlor or authorized agent must indicate intent. Fraud, duress, or undue influence defeats creation to that extent (§§ 64.2-401, -720, -724, -750) |
Lifetime/death-effective transfer to trustee; owner declaration; power of appointment; authorized agent or conservator; or court creation. Trustee accepts by trust method, delivery, conduct, or other indication (§§ 64.2-719, -754) |
Transfer route uses property; owner declaration must identify property. No statutory nominal-dollar minimum; signing alone does not convey land (§ 64.2-719; § 55.1-101) |
Definite beneficiary ascertainable now or later, or valid indefinite-class selection power; purpose must be lawful, consistent with public policy, possible, and beneficial (§§ 64.2-720, -722) |
Trustee must have duties; same person cannot be sole trustee and sole beneficiary. Owner may declare self trustee; acceptance follows trust method or conduct (§§ 64.2-719–720, -754) |
Oral trust permitted with clear-and-convincing proof, subject to other statutes. A trust instrument is a settlor-signed record; electronic authentication can be a signature. No universal trust-specific witness or notary rule (§§ 64.2-701, -725, -806) |
Revocable unless terms expressly say irrevocable; exception for instrument executed before July 1, 2006. Use trust method, or if none, any method proving intent clearly and convincingly; joint settlors control attributable shares (§ 64.2-751) |
No ordinary creation filing stated. Any trustee may authenticate an optional certification. Separate land deed is recordable after acknowledgment or two-witness proof and gains priority when county/city-recorded (§§ 64.2-719–720, -804; §§ 55.1-407, -600) |
| Washington verified 2026-07-30 | RCW chs. 11.98 and 11.103; ordinary revocable inter vivos trust creation, execution, situs, and revocation |
Same capacity as making a will: age 18 and sound mind; trustor must indicate intent to create the trust (RCW 11.12.010; §§ 11.98.011, 11.103.020) |
Lifetime or death-effective transfer to another trustee; owner declaration over identifiable property; power of appointment. Trustee accepts by stated method, delivery, powers/duties, or other indication (§§ 11.98.008, .017) |
Transfer route requires property transferred to trustee; declaration route requires identifiable property already owned. No statutory dollar floor stated; a home transfer uses a separate deed (§ 11.98.008; §§ 64.04.010–.020) |
Definite beneficiary ascertainable now or later, or valid trustee selection power with self-distribution limit; purpose must be lawful, not against public policy, and possible (§§ 11.98.011, .013) |
Owner may declare self trustee; same person may not be both sole trustee and sole beneficiary. Trustee must have duties and accepts under the trust method or statutory conduct routes (§§ 11.98.008, .011, .017) |
Oral trust allowed unless another statute requires writing; creation and terms need clear, cogent, and convincing proof. No universal trust witness/notary rule; deed transferring real estate must be written, signed, and acknowledged (§ 11.98.014; § 64.04.020) |
Irrevocable unless terms expressly provide revocability. Revoke/amend by substantial compliance with stated method or, if nonexclusive/absent, qualifying later will/codicil or signed written instrument (§ 11.103.030) |
No filing required to create; qualifying trustee may register Washington situs with superior-court clerk. Optional certification supports reliance. Acknowledged real-property conveyance records with county officer; unrecorded deed can lose to later good-faith purchaser/mortgagee recording first (§§ 11.98.005, .075; § 65.08.070) |
| West Virginia verified 2026-07-30 | West Virginia Uniform Trust Code, W. Va. Code §§ 44D-1-101 to 44D-11-1105; effective July 1, 2011 and generally applicable to earlier and later trusts (§§ 44D-1-101, 44D-11-1104 to -1105) |
Will-level capacity: age 18+ and sound mind; grantor must indicate intent in a signed trust record. Fraud, duress, or undue influence voids the induced part (§§ 44D-4-402, -406, 44D-6-601; § 41-1-2) |
Lifetime/death-effective transfer to another trustee; owner declaration over identifiable property; power of appointment; court order; or expressly authorized durable-POA agent. Separate trustee accepts by trust method, delivery, powers/duties, conduct, or signed record (§§ 44D-4-401, 44D-7-701) |
Property includes real/personal and legal/equitable interests. Declaration route identifies owner-held property; transfer route requires the applicable transfer, but validity does not depend on corpus existence, value, or character and there is no statutory nominal-dollar minimum (§§ 44D-1-103, 44D-4-401 to -402) |
Definite beneficiary ascertainable now/future, valid trustee selection power, or statutory exception; purpose must be lawful, possible, public-policy compliant, and beneficiary-serving (§§ 44D-4-402, -404) |
Trustee must have duties and accept. The owner-declaration route permits the grantor to serve as trustee, and the grantor may benefit if another beneficial interest prevents sole-trustee/sole-beneficiary identity; multiple same trustees/beneficiaries do not cause merger (§§ 44D-4-401 to -402, 44D-7-701) |
Oral trusts are unenforceable. Trust instrument is a record signed by the grantor; record/sign definitions include electronic form. No universal witness or notarization requirement appears in these Trust Code sections; a land deed and recorded memorandum have separate form rules (§§ 44D-1-103, 44D-4-407; §§ 36-1-1, 36-1-4a) |
Revocable unless expressly irrevocable; default excludes instruments executed before July 1, 2011. Use trust-instrument method or, if none, any method giving clear-and-convincing evidence of intent; agent needs express authority (§§ 44D-6-602, 44D-11-1104) |
No court registration or continuing supervision is required to create the trust. Trustee may use a certification; for trust realty, a deed may be required and an acknowledged memorandum may optionally be recorded with the county commission, giving notice only of included information (§§ 44D-2-201, 44D-10-1013; §§ 36-1-1, 36-1-4a) |
| Wisconsin verified 2026-07-30 | Wis. Stat. ch. 701 (Wisconsin Trust Code), especially §§ 701.0401–.0407, .0601–.0602, .0701, .0710, .1013; ordinary revocable inter vivos trust |
Same capacity as making a will: sound mind and age 18+. Settlor must indicate intent; fraud, duress, or undue influence voids the induced part (§§ 701.0402, .0406, .0601; § 853.01) |
Lifetime/death-effective transfer; owner declaration over identifiable property; declaration expecting later funding; power of appointment; or other lawful method. Designated trustee accepts under trust method or by delivery, powers/duties, or other indication (§§ 701.0401, .0701) |
No initial corpus required for the later-funding declaration: creator is treated as settlor even without contributing personal assets. Actual property transfer remains asset-specific; legal title may be placed in trustee or trust name (§§ 701.0401(2), (5m), .0710) |
Definite beneficiary ascertainable now or later, valid selection power, or statutory charitable/animal/noncharitable-purpose exception; purpose must be lawful, possible, and benefit beneficiaries or a valid noncharitable purpose (§§ 701.0402, .0404) |
Trustee must have duties and accept. Settlor may be trustee and beneficiary, but not sole trustee and sole beneficiary when the only remainder is that person's estate (§§ 701.0402(1)(d)–(e), .0701) |
Oral trust allowed under clear-and-convincing proof unless another statute requires form; no universal trust signature, witness, or notary rule. Land conveyance needs § 706.02 signatures and delivery; ch. 701's e-record rule conforms to E-SIGN (§§ 701.0407, .1202) |
Post-June 2014 trust rebuttably presumed revocable unless expressly irrevocable. Revoke/amend by substantial compliance with trust method or, if none, qualifying will/codicil or any clear-and-convincing method (§ 701.0602) |
No court registration/continuing supervision required. Optional certification supports third-party reliance. Land conveyance may record with county register; unrecorded conveyance loses to later good-faith value purchaser recording first (§§ 701.0201, .1013; §§ 706.05, .08) |
| Wyoming verified 2026-07-30 | Wyoming Uniform Trust Code, W.S. §§ 4-10-101 to -1103; ordinary express revocable inter vivos trust |
Will-capacity standard: legal age and sound mind. Settlor must indicate intent; fraud, duress, or undue influence voids induced creation (§§ 2-6-101, 4-10-403, -407, 4-10-601) |
Lifetime/death-effective transfer to trustee; owner declaration; power of appointment; narrow court route; or expressly authorized agent whose death plan matches will/testamentary instrument or intestacy. Another trustee accepts by method, delivery, acting, or other indication (§§ 4-10-401, -701) |
Transfer route requires property; owner declaration must identify property. Realty title follows § 34-2-122; personal property may be titled to trustee, nominee, or trust. No statutory nominal-dollar minimum (§§ 4-10-401 to -403) |
Definite beneficiary ascertainable now or later, or valid designated-person selection power; purpose must be lawful, consistent with public policy, possible, and beneficial (§§ 4-10-403, -405) |
Trustee must have duties; same person cannot be sole trustee and sole beneficiary. Owner may declare self trustee; another trustee accepts under § 4-10-701. Specialized article-5 qualified-trustee limits are outside ordinary scope (§§ 4-10-401, -403) |
Oral trust permitted with clear-and-convincing proof unless another statute requires form; no universal trust witness/notary rule. Home conveyance must be executed and acknowledged before notarial officer; no witness stated (§ 4-10-408; §§ 34-1-106, -113) |
Revocable unless terms expressly say irrevocable. Use trust method; if absent/nonexclusive, settlor-signed writing or will, or another clear-and-convincing method. Joint-settlor revocation/amendment allocation follows § 4-10-602 |
No ordinary creation registration; no continuing supervision unless ordered. Optional certification supports reliance. Realty instrument should define trust under § 34-2-122 and be county-recorded; unrecorded conveyance loses to qualifying later purchaser recording first (§§ 4-10-201, -1014; § 34-1-120) |
All 51 jurisdictions verified. Each state page shows the statute text and verification date behind its row.
Have a specific situation?
A 50-state comparison shows the landscape. Ezel answers your exact question under your state's law, applied to your facts, with citations.
Opens in Ezel Pro. Every answer cites the authority it relies on.