Does a Trust Need to be Recorded?

Image of a paper which says "Does a Trust Need to be Recorded" surrounded by green leaves. Image by Elena Joland on Unsplash.


Does a Trust need to be recorded? No, a Trust does not need to be recorded.

If I want to record my Trust, can I? No, your County Recorder will not record your Trust. The County Recorder will reject it as “unrecordable” with the explanation that they have no authority to record it.

Does a Trust have to be filed with the court when I die? A Trust will only be filed with a court if there is a lawsuit concerning that Trust, and then it will be filed as an exhibit to a separate document. For instance, if a Beneficiary sues a Trustee for not providing the Beneficiary with an accounting, the Trust may be attached to the Beneficiary’s Petition against the Trustee.

Who gets to see my Trust? If you are putting your financial accounts into your Trust, the financial institution (ie: bank or investment company) will ask for a copy of your Trust. After your death, your Trustee will send a copy of your living Trust to your Beneficiaries and to your heirs.

Is a Trust private? For the most part, a Trust is private except for those instances mentioned above. On the other hand, a Will is probated through the court and is not private.


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