Revocable Living Trust requirements in Indiana
- You must be at least 18 years old and mentally competent.
- You must have assets (real estate, bank accounts, investments, etc.) to fund the trust.
- Choose a trustee (you can be your own trustee) and a successor trustee.
- Prepare a trust document that names beneficiaries and outlines distribution.
- Sign the trust document before a notary public in Indiana (not required for validity, but recommended).
- Fund the trust by retitling assets into the trust's name.
Get started with a revocable living trust in Indiana today — use a trusted template or consult an attorney to protect your assets.
Create your revocable living trustHow to create a Revocable Living Trust in Indiana, step by step
- List all your assets and decide which to put into the trust.
- Choose a beneficiary (who inherits) and a successor trustee (who manages if you cannot).
- Draft a trust document — use a living trust template or hire an Indiana estate planning attorney.
- Sign the document in the presence of a notary public (Indiana requires notarization for real estate transfers).
- Transfer ownership of assets: change deeds for real estate, retitle bank accounts, and update beneficiaries on insurance or retirement accounts.
- Store the trust document safely and keep it updated after major life changes (marriage, divorce, birth, death).
Cost considerations
In Indiana, hiring an attorney to draft a revocable living trust typically costs $1,500 to $3,000. Using a living trust template can cost as low as $50, but you may risk errors. Filing fees for a deed transfer are about $50 per county.
Before Creating Your Indiana Living Trust
Gather these essentials to streamline your trust creation and avoid common delays or errors in Indiana.
- List all assets you plan to transfer, including real estate, bank accounts, investments, and personal property.
- Confirm your chosen trustee and successor trustee(s) understand their duties and are willing to serve.
- Decide on beneficiaries and alternates, including specific percentages or items for each person.
- Obtain a notary public for your signature; Indiana does not require witnesses for a living trust.
- Have your property deeds ready if you intend to transfer real estate into the trust—record them with the county recorder afterward.
- Keep your Social Security number and contact info handy for the trust document's administrative details.
Common questions
Is a revocable living trust in Indiana subject to state taxes?
No. A revocable living trust is considered a grantor trust, meaning the IRS and Indiana ignore it for income tax purposes. You report income on your personal tax return, and the trust pays no separate state taxes.
What is the difference between a living trust and a will in Indiana?
A will goes through probate, a public court process that can be costly and slow. A revocable living trust avoids probate, keeps your estate private, and allows you to manage assets during incapacity. A will only takes effect after death, while a trust works during your lifetime.
Do I need to notarize a trust document in Indiana?
Indiana law does not require notarization for a trust to be valid, but it is strongly recommended. Notarization helps when transferring real estate because the deed must be notarized. It also makes the trust document more acceptable to financial institutions.
Can I change or cancel a revocable living trust in Indiana?
Yes. As long as you are mentally competent, you can amend or revoke the trust at any time. This flexibility is the main advantage over an irrevocable trust.