Joint Living Trust Template, Free Download 2026
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When Do You Need a Joint Revocable Trust?
You and your spouse want to create a single joint revocable 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. This joint trust form for married couples simplifies estate administration.
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 full 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 continuous 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 Revocable 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 <strong>Separate Property</strong> 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.
Legal Details: Key Clauses in a Joint Revocable Trust
Settlors and Trustees
[____________] and [____________] (collectively, the "Settlors" or "Trustors"), as Settlors and initial Trustees, hereby establish the [____________] Joint Living Trust (the "Trust") on [____________]. The Settlors shall serve as Co-Trustees during their joint lifetimes and shall have full power to manage, invest, and distribute the Trust estate.
Trust Property
The Settlors hereby transfer and convey to the Trust the property described in Schedule A attached hereto (the "Trust Estate"). The Settlors and any other person may transfer additional property to the Trust at any time. All property held in the Trust shall be managed and distributed as provided herein.
Administration During Joint Lifetimes
During the joint lifetimes of the Settlors, the Trustees shall hold, manage, invest, and reinvest the Trust Estate and shall distribute income and principal to or for the benefit of the Settlors as requested. The Settlors may withdraw any or all Trust property at any time. The Trust shall be revocable by either Settlor during the Settlors' joint lifetimes.
Incapacity
If either Settlor becomes incapacitated as certified by [two licensed physicians / the Settlor's primary physician and one other licensed physician], the other Settlor, as sole acting Trustee, shall manage the Trust Estate and may use income and principal for the health, education, maintenance, and support of either or both Settlors. If both Settlors are incapacitated, the Successor Trustee named in Section 7 shall serve.
Death of First Settlor
Upon the death of the first Settlor to die (the "Deceased Settlor"), the Trust shall be divided into [two / three] sub-trusts: (a) the Survivor's Trust, containing the surviving Settlor's separate property and one-half of the community/joint property; (b) the Decedent's Trust (or Bypass/Credit Shelter Trust), funded with an amount equal to the applicable estate tax exemption; and (c) [if applicable, the Marital Trust (QTIP Trust), containing the balance of the Deceased Settlor's share]. The surviving Settlor may amend or revoke only the Survivor's Trust.
Death of Surviving Settlor
Upon the death of the surviving Settlor, the remaining Trust Estate (including all sub-trusts) shall be distributed to the following beneficiaries: [____________]. If any beneficiary predeceases the surviving Settlor, that beneficiary's share shall pass to [____________ / per stirpes to that beneficiary's then-living descendants / to the remaining beneficiaries proportionately].
Successor Trustee
If both Settlors are unable or unwilling to serve as Trustees, [____________] shall serve as Successor Trustee. If [____________] is unable or unwilling to serve, [____________] shall serve. The Successor Trustee shall serve [with / without] bond and shall have all powers granted to the original Trustees herein.
Trustee Powers
The Trustees shall have all powers granted under the [Uniform Trust Code / applicable state trust law], including the power to: buy, sell, lease, and mortgage Trust property; invest and reinvest; borrow money; settle claims; employ professionals; make distributions in cash or in kind; allocate between income and principal; and take all actions necessary for proper Trust administration.
Distributions
The Trustee may distribute income and principal to beneficiaries for their health, education, maintenance, and support, considering the beneficiary's other available resources. Distributions may be made directly, to a custodian under UTMA, or to a trust established for the benefit of a minor or incapacitated beneficiary.
Amendment and Revocation
During the joint lifetimes of the Settlors, this Trust may be amended or revoked in whole or in part by either Settlor by written instrument delivered to the other Settlor and the Trustee. After the death of the first Settlor, the surviving Settlor may amend or revoke only the Survivor's Trust; the Decedent's Trust and any Marital Trust shall become irrevocable.
Governing Law
This Trust shall be governed by the laws of the State of [_____________]. If any provision is held invalid, the remaining provisions shall remain in effect. This Trust Agreement constitutes the entire understanding of the Settlors regarding the Trust and may be amended only as provided herein.
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.
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How to Fill Out a Joint Revocable 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 One Big Beautiful Bill Act of 2025, the federal estate tax exemption is $15 million per individual for 2026 (indexed for inflation), making the prior TCJA sunset moot. 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 joint trust template download 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 template.
Free Template vs Custom Joint Revocable Trust
| Feature | Free Template | Custom (AI or Attorney) |
|---|---|---|
| Basic joint trust structure | ||
| Community and <strong>separate property</strong> schedules | ||
| AB trust split provisionsTax-optimized structure | - | |
| State-specific trust law compliance | - | |
| Attorney review and customization | - | |
| Printable joint trust template download (PDF/Word) |
Key Facts About Joint Revocable Trust Documents
2026 federal estate tax exemption set at $15M per individual under One Big Beautiful Bill Act.
AB trust splits into bypass trust and survivor trust upon first spouse death.
Portability election allows surviving spouse to use deceased spouse unused estate tax exemption.
Joint living trust holds community and separate property of both spouses in single document.
Surviving spouse retains full control over survivor trust assets after first spouse death.
Key Legal Terms in a Joint Revocable Trust
When a Free Template Is Not Enough
Free templates cover standard situations, but a professionally drafted joint revocable trust accounts for state-specific requirements, unusual circumstances, and enforceability considerations that generic forms miss. If your situation involves significant assets, complex terms, or potential disputes, request an attorney-drafted joint revocable trust with a custom quote based on your situation.
Joint Revocable 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 happens to the federal estate tax exemption in 2026?
Should married couples have a joint trust or separate trusts?
What is a survivor's trust for surviving spouse?
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