Revocable Living Trust requirements in Delaware
- You must be at least 18 years old and of sound mind.
- You need a written trust document that clearly names you as the grantor and trustee.
- You must name a successor trustee to manage the trust if you become incapacitated or die.
- You must transfer assets into the trust (fund the trust) to make it effective.
- In Delaware, the trust document must be signed by you (the grantor) and notarized. Witnesses are not required but are recommended to avoid challenges.
- While not required, registering the trust with the Delaware courts is necessary only if you are a trustee of a trust with a Delaware situs; otherwise, registration is not mandatory.
Talk to a Delaware estate planning attorney today to see if a revocable living trust fits your situation.
Create your revocable living trustHow to create a Revocable Living Trust in Delaware, step by step
- List your assets and decide which ones to transfer (real estate, bank accounts, investments, personal property).
- Choose a successor trustee – a trusted person or institution – to take over if you can't act.
- Draft the trust document (or use a reliable living trust template) that meets Delaware law. Include your distribution wishes and provisions for incapacity.
- Sign the trust document in the presence of a notary public. While Delaware does not require witnesses, notarization is essential.
- Fund the trust by retitling assets. Real estate requires a new deed recorded in the county where the property is located.
- Update your beneficiary designations on life insurance and retirement accounts if the trust should receive them, but consult a professional first to avoid tax issues.
Cost considerations
The cost to create a revocable living trust in Delaware varies. An attorney typically charges $1,500 to $3,000 or more. Online services or templates may cost $100 to $500, but you'll need to ensure they comply with state law. Factor in potential fees for notarization, recording real estate deeds, and transferring other assets.
Before You Begin: DE Living Trust Checklist
Creating a revocable living trust in Delaware involves key steps and documents. Use this checklist to prepare and avoid common pitfalls.
- Decide on your trust's name and choose a successor trustee who will manage assets if you become incapacitated or pass away.
- Gather a comprehensive list of assets you plan to fund the trust with, including real estate, bank accounts, investments, and personal property.
- Obtain and complete a Delaware living trust template or hire an attorney to draft a tailored document that complies with Delaware law.
- Have the trust document notarized (not required by Delaware law for validity, but recommended for real estate transfers) and keep it in a safe place.
- Prepare to transfer ownership of assets into the trust by retitling accounts and changing beneficiary designations—this is essential to avoid probate.
- Remember that you must sign the trust and fund it; a notarized signature is often needed for real estate deeds, which must be recorded with the Delaware Recorder of Deeds in the county where the property is located.
DIY vs. hiring a lawyer for your Revocable Living Trust
| Option | Cost | Time | Best for |
|---|---|---|---|
| DIY with a template | ~$40 | Minutes | Standard situations |
| State-specific template (recommended) | Low, one-time | ~15 min | Most people |
| Hire an attorney | $200–$1,500+ | Days–weeks | Complex cases |
Most people complete their revocable living trust online in about 15 minutes with a state-specific template — the same structure attorneys use, without the hourly bill.
Common questions
What is the difference between a revocable living trust and a will in Delaware?
A will goes through probate, a court process that can be time-consuming and public. A revocable living trust avoids probate, gives you more privacy, and allows you to manage assets if you become incapacitated. Also, a will only takes effect at death, while a trust works during your lifetime.
Do I need to notarize my living trust in Delaware?
Yes, for the trust to be valid, the grantor's signature must be notarized. Delaware doesn't require witnesses, but a notary seals the document to prevent fraud. Make sure to sign in the presence of a notary.
Can I use a living trust template in Delaware?
You can use a template to save money, but it must comply with Delaware law. Templates may miss state-specific requirements, and mistakes can cause problems later. If you have a large estate or complex needs, hire an attorney to review or draft it.
How do I fund my revocable living trust in Delaware?
Funding means transferring ownership of your assets to the trust. For real estate, you record a new deed. For bank accounts and investments, you change the account name to the trust. Personal property can be listed in a schedule. Not funding the trust defeats its purpose.