How to Create a Revocable Living Trust in Utah: Requirements, Funding, and Limits

General information, not legal advice. Read the full disclaimer.

Short answer: Under Utah's trust code (Utah Code Title 75B, Chapter 2, as renumbered in 2025), a trust is created only if the settlor (1) has capacity (the same as for a will), (2) shows an intention to create the trust, (3) names a definite beneficiary (or a permitted charitable or animal trust), (4) gives the trustee duties to perform, and (5) the same person is not the sole trustee and sole beneficiary (§ 75B-2-402). You can create a trust by transferring property to a trustee, or by declaring that you hold identifiable property as trustee (§ 75B-2-401). A trust unless it says otherwise is revocable: the settlor can revoke or amend it (§ 75B-2-602). But a revocable trust gives no protection from your own creditors while you're alive (§ 75B-2-505), and a trust only controls property that is actually transferred into it.

Who this guide is for

Utahns considering a living trust to avoid probate, plan for incapacity, or manage property for family, and who want to know what the law requires and what a trust can't do.

The legal requirements (§ 75B-2-402)

1. Capacity — the same standard as making a will.
2. Intent — you must indicate an intention to create a trust.
3. A definite beneficiary — someone who can be identified now or in the future (or a charitable trust, a trust for the care of an animal, or another permitted noncharitable purpose).
4. Trustee duties — the trustee must have duties to perform.
5. No merger — the same person can't be the only trustee and the only beneficiary.

The trust document should name the settlor (you), the trustee (often you, with a successor trustee), the beneficiaries, and what happens at your incapacity and death.

Two ways to set it up

• Transfer to a trustee (during life or by will) or
• Declaration that you hold identifiable property as trustee (§ 75B-2-401). Most people name themselves trustee of their own revocable trust and a family member or trusted person as successor trustee.

Funding the trust is the point

A trust avoids probate only for property that is titled in the trust. After signing, you generally:

• Real estate: sign and record a deed from you to yourself as trustee of the trust. (Alternatively, a recorded TOD deed can leave a home to a trust or to people. See Utah Transfer on Death Deeds.)
• Bank and brokerage accounts: retitle in the trust's name, or name the trust as payable-on-death beneficiary.
• Vehicles and personal property: small items usually pass by a will or the small estate affidavit. See Small Estate Affidavit in Utah.
• Retirement accounts and life insurance: usually keep the existing owner and name beneficiaries carefully; changing ownership can cause tax problems. Talk to a professional.
• A "pour-over" will is commonly used as a safety net to move stray assets into the trust at death, though those assets may still go through probate.

Changing or ending the trust

Unless the trust says it's irrevocable, the settlor may revoke or amend it (§ 75B-2-602): by substantially following the method in the trust, or, if the trust doesn't provide an exclusive method, by a later will or codicil that expressly refers to the trust or specifically devises property that would pass under it, or by another method showing clear and convincing evidence of intent. An agent under a power of attorney can do this only if the trust or the power expressly allows it. See Powers of Attorney in Utah.

What a living trust does not do

• It doesn't shield assets from your creditors. During your life the property of a revocable trust is subject to your creditors' claims, and after your death a trust that was revocable is subject to claims, administration costs, funeral expenses and statutory allowances to the extent the probate estate is inadequate (§ 75B-2-505).
• It doesn't avoid taxes by itself. See Does Utah Have an Estate Tax?.
• It doesn't override a spouse's elective share. See Can You Disinherit a Spouse in Utah?.
• It doesn't cover assets left out. An unfunded trust is just paper.
• It doesn't prevent disputes. The time to contest a trust that was revocable at death is limited — the earlier of three years after the settlor's death or 90 days after the trustee sends a copy of the trust and a notice (§ 75B-2-604).

Do you need one?

Many Utahns with a modest estate and a house can get most of the probate-avoidance benefit from simpler tools: a TOD deed for the house, beneficiary designations on accounts, a small estate affidavit for personal property, and a will. A trust makes more sense for people with property in multiple states, blended families, a beneficiary with special needs or who is a minor, privacy concerns, or a desire to manage property during incapacity. See Wills vs. Trusts in Utah and Do You Need Probate in Utah?.

After you die: the successor trustee's job

See What Does a Successor Trustee Have to Do in Utah?.

Frequently asked questions

Does a living trust avoid probate in Utah?

For property titled in the trust, yes. Property outside the trust may still need probate.

Can I be my own trustee?

Yes, but you can't be the only trustee and the only beneficiary.

Can I change my trust?

A revocable trust can be amended or revoked by the settlor, using the method in the trust or another method the statute allows.

Does a trust protect my house from nursing home costs or creditors?

A revocable trust doesn't protect assets from your creditors; planning for long-term care involves other rules.