Does my living trust have to be recorded?

Trusts are not typically recorded to maintain privacy. Additionally, if the trust is revocable, the trust terms and beneficiaries may change so it is not a good idea to record a trust document. If a lender or title company needs verification of the existence of the trust for a real property transaction, a certification of trust is usually prepared and sometimes recorded. A certification is a short summary containing the names of the trustors, the trustee and the authority granted the trustee. An attorney can prepare a trust certification.

Your trust only needs to be executed by you and "funded" in order to be valid. By funding I mean that registered title of your assets are changed to be held in your name as trustee of the trust. For instance, you will have created a deed changing ownership of your home from you to you in your capacity as a trustee of your trust. This deed would have been recorded. Thus you will have created a public record of the facts that 1) A trust does exist, 2) The name if the Trust and date it was created, 3) You are the Trustee of the Trust, and 4) Your home is held in your name as trustee of the Trust. That is all the public needs to know. When you change title to your savings, etc. accounts, you will have effectively communicated the same information to the bank, which is all they need to know.

Typically, these types of trusts are not recorded for confidentiality purposes. If a transfer of real property is involved and title insurance is requested by the transferee, the title company may retain the agreement.

No, since trusts are used to keep these matters private. Think Michael Jackson trust. It is official if the maker of the trust signed it and it was notarized and witnessed. Just make sure the trust is kept safely. LEGAL DISCLAIMER Mr. Fromm is licensed to practice law in PA with offices in Philadelphia and Montgomery Counties and services clients in all parts of Pennsylvania. He can be reached at 215-735-2336 or at the email address listed below. He has an AV Preeminent Rating (5.0 out of 5.0) with Martindale-Hubbel, the highest possible rating for legal ability and ethical standards. Also, he has received a 10.0 rating from and was featured as a 5Star Wealth Manager in the Philadelphia Magazine, November 2009 issue on page 123. Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.