Living trust requirements by state
A living trust is simpler to execute than a will — no witnesses required in most states. Here’s what your state requires.
What every state requires
- ✓Written document — the trust must be in writing and signed by the settlor (you)
- ✓Notarization — required in virtually all states to transfer real property into the trust
- ✓Funding — a trust only controls assets formally transferred (retitled) into it
- ✓Legal capacity — settlor must be 18+ and of sound mind at signing
How living trusts differ from wills
Living trust
- • Notarization recommended (not legally required)
- • Witnesses not required (except FL, NY: 2; DE: 1)
- • Avoids probate
- • Takes effect immediately
Will
- • 2 witnesses required in all states
- • Notarization recommended (for self-proving)
- • Goes through probate
- • Takes effect at death
Witnesses
None
Community property state
Yes
Witnesses
None
Witnesses
None
Witnesses
None
Witnesses
None
Witnesses
None
Witnesses
None
Witnesses
None
Community property state
Yes
Witnesses
None
Witnesses
None
Witnesses
None
Witnesses
None
Witnesses
None
Witnesses
None
Witnesses
None
Community property state
Yes
Witnesses
None
This information is general in nature and not legal advice. Requirements may vary based on your specific circumstances. Consult a licensed estate planning attorney for guidance.