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Joint Living Trust Template – Free Download 2026
Download a professional joint living trust template. Customizable for all 50 states, available in PDF and DOCX formats. Attorney-verified and ready to use.
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When Do You Need a Joint Living Trust?
You and your spouse want to create a single revocable living trust that holds both community property and separate property in one document, with a unified plan for management during your lifetimes and distribution after both spouses have passed.
Your combined estate value is approaching the estate tax exemption threshold, and you need an AB trust structure that splits into a bypass trust and a survivor's trust upon the first spouse's death to maximize the tax exemption for both spouses.
You want to avoid probate for jointly owned assets, including your primary residence, investment accounts, and other property, by titling those assets in the name of the trust during your lifetimes. A joint trust simplifies this process compared to maintaining two separate trusts.
You are creating a comprehensive estate plan and need a joint trust that coordinates with your pour-over wills, healthcare powers of attorney, and financial powers of attorney to ensure seamless management in case of incapacity or death.
One spouse wants to ensure that the surviving spouse has full access to trust assets for their lifetime while also guaranteeing that certain assets eventually pass to children from a prior marriage. A joint trust with properly drafted trust provisions can accomplish both goals.
You want both spouses to serve as co-trustees during your lifetimes, with a named successor trustee who takes over management if both spouses become incapacitated or after both have passed away.
What Should a Joint Living Trust Include?
Trust Name and Grantor Information
Identify the trust by name (typically "The [Last Name] Family Trust"), the date of creation, and the full legal names of both spouses as co-grantors. State that both grantors are creating this trust jointly and that both have the power to amend or revoke the trust during their lifetimes.
Community and Separate Property Schedules
Include schedules listing community property transferred to the trust and each spouse's separate property transferred to the trust. Proper classification is critical because community property receives a full step-up in basis at the first death in community property states, while separate property does not.
Trust Administration During Lifetime
Name both spouses as co-trustees with full authority to manage, invest, buy, sell, and distribute trust assets. Describe the process for trust administration if one spouse becomes incapacitated, including who takes over management and what standard (e.g., physician certification) triggers the transition.
AB Trust Split Provisions
Detail how the trust divides upon the first spouse's death into an AB trust structure. The "A" or survivor's trust holds the surviving spouse's share and remains fully revocable. The "B" or bypass trust holds the deceased spouse's share up to the estate tax exemption amount, is irrevocable, and can provide income to the surviving spouse while preserving the principal for ultimate beneficiaries.
Distribution Plan After Both Deaths
Specify how the remaining trust assets are distributed after both spouses have passed. Name all beneficiaries, their shares, and any conditions on distribution such as age requirements for younger beneficiaries. Include provisions for what happens if a named beneficiary predeceases both grantors.
Successor Trustee Appointments
Name a successor trustee and at least one alternate who will manage the trust if both spouses are unable to serve. Specify the trustee's compensation, bonding requirements, and the powers granted to the successor trustee for managing and distributing trust assets.
Execution and Notarization
Both spouses must sign the joint living trust, and the signatures must be notarized. While witness requirements vary by state, notarization is standard practice for trust instruments. After signing, assets must be retitled into the trust's name to fund the trust and achieve the probate-avoidance benefit.
Signature Requirements
Electronic Signature Accepted
Joint living trusts are not excluded under ESIGN Act Section 103 and may be executed with electronic signatures. Notarization is strongly recommended, especially when the trust will hold real property that requires recorded deeds to transfer title.
How to Fill Out a Joint Living Trust
Enter Grantor and Trust Information
Fill in the full legal names and addresses of both spouses, the chosen trust name, and the date of creation. Most couples name the trust "The [Last Name] Family Trust" or "The [Last Name] Revocable Living Trust" followed by the date.
Classify and Schedule Assets
List the assets being transferred into the trust on the attached schedules. Classify each asset as community property or the separate property of one spouse. Accurate classification affects tax treatment and distribution upon the first spouse's death.
Name Successor Trustees
Designate a primary successor trustee and at least one alternate. Choose individuals or a professional trustee (such as a trust company) who can manage assets responsibly. Specify whether the successor trustee must post a bond.
Configure the AB Trust Split
If your estate may be subject to estate tax, configure the bypass trust amount (typically the applicable estate tax exemption) and specify the survivor's trust terms. Under the Tax Cuts and Jobs Act, the exemption is approximately $7 million per person in 2026. Decide whether the bypass trust will provide the surviving spouse with income, principal access, or both.
Specify Beneficiary Distributions
Enter the names of all beneficiaries who will receive trust assets after both spouses have passed. Assign percentage shares or specific assets to each beneficiary. If minor beneficiaries are included, specify the age at which they will receive their full distribution.
Sign, Notarize, and Fund
Both spouses must sign the trust before a notary public. After execution, transfer assets into the trust by retitling deeds, bank accounts, and investment accounts in the trust's name. Assets not titled in the trust name will not avoid probate unless captured by a pour-over will.
Free Template vs Custom Joint Living Trust
| Feature | Free Template | Custom (AI or Attorney) |
|---|---|---|
| Basic joint trust structure | ||
| Community and separate property schedules | ||
| AB trust split provisionsTax-optimized structure | - | |
| State-specific trust law compliance | - | |
| Attorney review and customization | - | |
| Digital download (PDF/Word) |
Joint Living Trust Template FAQ
What is a joint living trust?
Is a joint trust better than separate trusts?
What happens to a joint trust when one spouse dies?
Can a surviving spouse change a joint trust?
What is an AB trust?
What is the estate tax exemption for 2026?
Should married couples have a joint trust or separate trusts?
What is a survivor's trust?
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Reviewed by licensed attorneys · Editorial policy · Last updated March 2026
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