Joint Living Trust Template, Free Download 2026
Joint Revocable Trust Template Preview
When Do You Need a Joint Trust Form for Married Couples?
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 to Include in a Joint Revocable Trust Template
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 Article VII (Successor Trustee) shall serve.
Death of First Settlor
Upon the death of the first Settlor to die (the "Deceased Settlor"), the Trust Estate shall be administered under the alternative elected here: [Option A (single Survivor's Trust; the default, and appropriate for Settlors whose combined estate is below the estate tax exemptions applicable to them): the entire Trust Estate shall continue to be held as a single trust for the surviving Settlor, to be known as the Survivor's Trust, no sub-trust shall be created, and the Survivor's Trust shall remain revocable by and amendable by the surviving Settlor / Option B (disclaimer bypass): the entire Trust Estate shall be held as the Survivor's Trust as provided in Option A, except that any property as to which the surviving Settlor makes a qualified disclaimer under Section 2518 of the Internal Revenue Code within the time allowed by that Section shall instead be allocated to a Decedent's Trust and administered under Section 5.2 / Option C (mandatory division): the Trust shall be divided into [two / three] sub-trusts, being (a) the Survivor's Trust, containing the surviving Settlor's separate property and one-half of the community or jointly owned property; (b) the Decedent's Trust (Bypass or Credit Shelter Trust), funded with the smallest amount, if any, necessary to reduce to zero the [federal estate tax / estate tax imposed by the State of [____________]] payable by reason of the Deceased Settlor's death after taking into account the exemption then available to the Deceased Settlor, and in no event exceeding the Deceased Settlor's share of the Trust Estate; and (c) [if applicable, the Marital Trust (QTIP Trust), containing the balance of the Deceased Settlor's share]]. If no alternative is elected, Option A shall apply and the Trust Estate shall pass to a single Survivor's Trust.
A Decedent's Trust created under Section 5.1 shall become irrevocable upon the death of the Deceased Settlor, and the Trustee shall distribute to or for the benefit of the surviving Settlor so much of the income and principal of the Decedent's Trust as is necessary for the surviving Settlor's health, education, maintenance, and support. A Marital Trust created under Section 5.1 shall also become irrevocable upon the death of the Deceased Settlor, but the health, education, maintenance, and support standard shall NOT be applied to its income: the Trustee shall distribute to the surviving Settlor all of the net income of the Marital Trust, in convenient installments and not less often than annually, for so long as the surviving Settlor lives, and may in addition distribute principal of the Marital Trust to or for the benefit of the surviving Settlor for the surviving Settlor's health, education, maintenance, and support. No person shall hold any power to appoint any part of the Marital Trust to any person other than the surviving Settlor during the surviving Settlor's lifetime. The Marital Trust is intended to qualify as qualified terminable interest property under Section 2056(b)(7) of the Internal Revenue Code, the Trustee is authorized and directed to make the election required for that treatment on a timely filed federal estate tax return, and this Section shall be construed to carry out that intent. The Settlors are cautioned that a marital trust whose income may be withheld from the surviving spouse under a health, education, maintenance, and support standard does not give the surviving spouse the qualifying income interest for life that the election requires, so the marital deduction would be lost and the zero-tax funding formula in Option C, which assumes the balance of the Deceased Settlor's share passes free of estate tax, would fail. The remaining assets of each sub-trust shall be distributed at the surviving Settlor's death as provided in Section 6.1. The Settlors acknowledge, and should confirm with counsel before electing Option B or Option C, that (a) property held in an irrevocable Decedent's Trust does not receive a second adjustment in income tax basis at the death of the surviving Settlor, whereas property held in a Marital Trust for which the election is made is included in the surviving Settlor's gross estate and does receive that adjustment; (b) the unused federal estate tax exclusion of the Deceased Settlor may instead be preserved for the surviving Settlor by making a portability election on a timely filed federal estate tax return, so that a bypass structure is often unnecessary for federal purposes; and (c) a bypass structure may nonetheless be useful where the governing State imposes its own estate tax with no comparable portability, or where creditor protection or the preservation of remainder beneficiaries is intended.
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, in whole or in part, only by a written instrument signed by both Settlors and delivered to the Trustee. No Settlor acting alone may amend this Trust, alter the beneficiaries named in Section 6.1, or otherwise modify the disposition of the other Settlor's property.
During the joint lifetimes of the Settlors, either Settlor may, acting alone, revoke this Trust in whole or in part as to the property that Settlor contributed to the Trust Estate, by written instrument delivered to the other Settlor and the Trustee, and the property so withdrawn shall be returned to the revoking Settlor. The Trust shall continue in effect as to all property not so withdrawn. Community property and jointly owned property shall be revoked, withdrawn, and returned to the Settlors in the character and proportions provided by the law of the State designated in Section 11.1.
After the death of the first Settlor, the surviving Settlor may amend or revoke the Survivor's Trust in whole or in part. Any Decedent's Trust or Marital Trust created under Section 5.1 shall become irrevocable in accordance with Section 5.2, and the surviving Settlor shall have no power to amend or revoke it.
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 Free Joint Living Trust Template
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.
Joint Living Trust Template PDF vs an Attorney Draft
| 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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