If a revocable living trust is appropriate for you, you will need a written agreement or declaration of trust, which sets out your plan for management and distribution of your assets. Then, you must legally transfer all trust assets to the trustee. Deeds, stock transfers, new bank accounts, and other legal documents may be necessary. Assets not formally transferred to the trustee will not be considered part of the trust and might still be subject to probate. You must also have a will to ensure that any property not properly placed in your trust before death can be transferred to it after death.
At your death your will can transfer statutory amounts of personal property and real property to your trust through an affidavit filed with the court. Your will can transfer assets of greater value to your trust through the probate process. You can also have life insurance and certain pension accounts paid directly to the trust.
Here is an example of how trust assets should be registered:
"John Doe, Trustee Under the Marty Smith Trust Agreement Dated January 1, 1990." The trustee should not hold trust assets individually, as "John Doe" without the additional information. The trustee must keep separate records for trust assets and might have to file separate income tax returns for the trust. If the trustee does not obey these rules, the trust may not avoid probate.