Does a Trust Need to be Filed?

I am considering using uslegalforms.com for completing a ‘Living Trust’. Do I have to file the completed documents with a state or county agency. How do I know that these documents will be accepted?

A trust document isn’t required to be filed. If you are transferring real estate into a trust, a deed will need oo be filed at the county recorder’s office. However, you can file the trust document if you desire.

The living trust is created with the execution of Declaration of Trust by the Grantor(s). The declaration will detail the terms and conditions of the living trust, including who will serve as the Trustee. Once the trust is created, assets are transferred to it. This is called “funding the trust.” If real estate is to become part of the trust, a deed must be executed properly, naming the Trust as the Grantee. The deed then must be property recorded. A warranty deed or quit claim deed is commonly used to transfer real property to the trust.

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All content is for informational purposes only. It is also only intended to relate to Mississippi Estate Planning Law.  If other states are mentioned, they are mentioned as an example only. No legal advice is provided in this content. Laws change so you need to check for any updates by current laws in Mississippi.