Maryland: Revocable Living Trust Creation Requirements

Requirements one by one

Governing law and scope

Estates and Trusts § 14.5-101 names Title 14.5 the Maryland Trust Act. Sections
14.5-401 through 14.5-406 govern ordinary creation and proof, §§ 14.5-601 and
14.5-602 govern revocable-trust capacity and revocation, and § 14.5-701 governs
trustee acceptance.

This page is limited to an ordinary private revocable trust created during a
competent adult's lifetime. It does not cover specialized trusts, tax or creditor
planning, public benefits, or post-death administration.

Settlor capacity and intent

Under § 14.5-601, the capacity required to create, amend, revoke, or add property to
a revocable trust is the same as will capacity. Estates and Trusts § 4-102(a) states
that a person must be at least eighteen and legally competent to make a will.

Section 14.5-402 separately requires the settlor to indicate an intention to create
the trust. Under § 14.5-405, a trust is void to the extent its creation was induced by
fraud, duress, or undue influence.

Creation method and effective time

Section 14.5-401 permits a lifetime transfer to another person as trustee, an owner's
declaration that identified property is held as trustee, or exercise of a power of
appointment. It also recognizes a will or other death-effective disposition, which is
outside this living-trust page.

A separately designated trustee accepts under § 14.5-701 by substantially following
the trust's stated method. If that method is absent or nonexclusive, acceptance may
occur by receiving the property, exercising powers, performing duties, or otherwise
indicating acceptance.

Trust property and funding

The declaration route in § 14.5-401 requires “identifiable property.” The
transfer-to-another-trustee route requires an actual transfer of property. Neither
§ 14.5-401 nor § 14.5-402 states a universal nominal-dollar amount.

A Schedule A can identify intended property, but it does not replace an asset-specific
deed, assignment, account registration, delivery, or other transfer that the asset's
law requires.

Beneficiary and purpose

Section 14.5-402 requires a definite beneficiary for an ordinary private trust. A
beneficiary may be ascertainable now or later, and a trustee or other person may hold
a valid power to select a beneficiary from an indefinite class. The section's
charitable, animal-care, and noncharitable-purpose exceptions are outside this page.

Under § 14.5-404, the purpose must be lawful, not contrary to public policy, possible
to achieve, and for the beneficiaries' benefit.

Trustee eligibility and same-person roles

Maryland's § 14.5-402 requires trustee duties and a definite beneficiary but does not
state a separate role disqualification or sole-trustee/sole-beneficiary rule. The
statutory text therefore does not itself answer the effect of complete merger; it
should not be read as a blanket safe harbor for one person holding every legal and
beneficial interest.

If another person is designated, § 14.5-701 supplies the acceptance rules. Acceptance
is not limited to a signed paper or court filing unless the trust makes its own method
exclusive.

Instrument, signature, witness, and notary

Section 14.5-406 says a trust need not be evidenced by an instrument unless another
law requires one. An oral trust and its terms must be established by clear and
convincing evidence. The Trust Act does not impose a universal witness or notary rule
for an ordinary personal-property trust.

Real property is different. Real Property § 3-101(a) says a freehold estate or
declaration or limitation of use does not pass or take effect unless the granting deed
is executed and recorded. Under Real Property § 4-101, the deed must identify the
grantor and grantee, describe the property with reasonable certainty, state the
interest granted, and be executed, acknowledged, and recorded where required. The
absence of attestation does not invalidate a properly signed deed.

Revocability default and reserved power

Under § 14.5-602, a trust created under an instrument executed on or after January 1,
2015 is revocable unless the terms expressly make it irrevocable. The statute does not
apply that default to an earlier instrument.

The settlor substantially complies with a stated method. If the terms provide no
method or do not make it exclusive, a later will or codicil expressly referring to the
trust, or another method showing clear and convincing intent, may work. Multiple
settlors control their attributable contributions under the allocation in subsection
(b).

Registration, recording, and third-party effect

Court registration is not a creation element. Under § 14.5-201, a trust is not
subject to continuing judicial supervision unless the court orders it.

Under § 14.5-910, a trustee may provide a certification instead of the full
instrument. It may be signed or authenticated by a trustee and supports reasonable
third-party reliance and enforcement against trust property.

For a home, the deed itself must be executed and recorded under Real Property
§ 3-101(a)-(b). Under § 3-201, the deed's effective date is tied to delivery and its effect
after recording. Under § 3-203, a later good-faith purchaser for value without notice
can prevail by recording first.

What trips people up

The oral-trust rule does not override Maryland's real-property statute. A trust of
personal property can be proved under § 14.5-406, while a declaration or transfer of a
home must use the executed and recorded deed required by Real Property § 3-101.

Revocability has a statutory date boundary. The revocable-by-default rule does not
apply to a trust created under an instrument executed before January 1, 2015.

Trust signing and asset transfer are separate. Listing a home or account on a schedule
does not itself complete every deed, account-registration, delivery, or consent step.

Common questions

Can my agent revoke or amend the trust after I lose capacity?

Only if both the trust terms and the power of attorney expressly authorize the agent.
That dual requirement is in § 14.5-602(e).

Can a bank rely on a certification instead of receiving the whole trust?

Yes. Section 14.5-910 permits a certification and protects reasonable reliance. A
recipient may still require excerpts naming the trustee and conferring the power used
in the pending transaction.

Can a designated trustee inspect property without accepting the office?

Yes. Under § 14.5-701(c), the person may preserve property with a timely rejection and
may inspect or investigate potential environmental or other liability without
accepting the trusteeship.

Statutes and sources

• Md. Code, Estates and Trusts §§ 14.5-101, 14.5-201, 14.5-401 to -406, 14.5-601 to -602, 14.5-701, and 14.5-910 — Maryland Trust Act creation, proof, revocability, acceptance, supervision, and certification. Accessed July 30, 2026.
• Md. Code, Estates and Trusts § 4-102 — incorporated will-capacity standard. Accessed July 30, 2026.
• Md. Code, Real Property §§ 3-101, 3-201, 3-203, and 4-101 — deed execution, recordation, effective date, and priority. Accessed July 30, 2026.