What Is a Living Trust? How It Works, Pros and Cons

How a revocable living trust works, what it does and doesn't do, and who benefits from one.

By No Brainer Forms Team Updated 3 min read

Key Takeaways

  • A living trust is a legal arrangement you create during your lifetime to hold your assets and pass them to beneficiaries when you die.
  • Most living trusts are revocable: you keep full control and can change or cancel the trust at any time.
  • Assets in the trust generally pass to your beneficiaries without probate, privately and often faster.
  • A trust only works for assets you transfer into it (“funding” the trust).
  • A revocable living trust doesn’t reduce income taxes or protect assets from creditors or nursing home costs.

What is a living trust?

A living trust (also called an inter vivos trust) is a trust you set up while you’re alive. You move assets, such as your home, bank accounts and investments, into the trust’s name. A trustee manages those assets for the benefit of the beneficiaries you choose.

With a typical revocable living trust, you play all three roles at first: you’re the person who creates it (the grantor), the trustee who manages it, and the beneficiary who uses the assets. Day to day, little changes. You still live in your home and spend your money.

The trust earns its keep at two moments:

  • If you become incapacitated: a successor trustee you named steps in to manage the trust’s assets, without a court guardianship or conservatorship.
  • When you die: the successor trustee distributes the assets to your beneficiaries according to the trust’s terms, generally without probate.

Revocable vs. irrevocable trusts

Revocable living trustIrrevocable trust
Can you change or cancel it?Yes, anytime while competentGenerally no
Who controls the assetsYou, as trusteeAn independent trustee
Avoids probateYes, for funded assetsYes, for funded assets
Protects assets from creditorsNoOften, depending on the type and state
Reduces estate taxesNoCan, if designed for it
Typical useProbate avoidance, incapacity planning, privacyTax planning, asset protection, Medicaid planning
Revocable and irrevocable trusts compared

When people say “living trust,” they almost always mean a revocable one.

Funding the trust

A trust that owns nothing does nothing. After signing, you must retitle assets into the trust:

  • Real estate: sign and record a new deed to the trust
  • Bank and brokerage accounts: retitle them, or add the trust as the payable-on-death or transfer-on-death beneficiary
  • Personal property: assign it to the trust in writing
  • Retirement accounts: usually not retitled; instead, name beneficiaries directly (and sometimes the trust as contingent beneficiary)

Anything left outside the trust may still go through probate. A pour-over will catches those assets and directs them into the trust.

Who benefits from a living trust?

A living trust is often worth it if you:

  • Own real estate in more than one state
  • Want to keep your estate private
  • Live in a state where probate is slow or costly
  • Want a smooth handoff if you become incapacitated
  • Want to control how and when heirs receive money, for example in stages or for a child with special needs

If your estate is modest and mostly passes through beneficiary designations, a will may be enough. See will vs. trust and how to avoid probate.

Frequently asked questions

Does a living trust avoid probate?

Yes, for assets that have been properly transferred into the trust. Assets left in your own name with no beneficiary may still go through probate.

Do I still need a will if I have a living trust?

Yes. A pour-over will catches anything outside the trust and is where you nominate guardians for minor children.

Does a living trust protect assets from nursing home costs?

No. Because you control a revocable trust, its assets are counted as yours. Long-term care planning usually involves other tools, such as certain irrevocable trusts.

Who should be my successor trustee?

Someone trustworthy, organized and willing, such as an adult child, sibling, close friend or a professional trustee. Name at least one alternate.

Do I pay taxes on a revocable living trust?

A revocable trust is generally ignored for income tax purposes during your life. You report its income on your own tax return using your Social Security number.

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This guide is general educational information written by the No Brainer Forms Team. It is not legal advice, and No Brainer Forms is not a law firm. Laws and signing requirements vary by state; for advice about your situation, talk to a licensed attorney in your state.