A living trust checklist is one of the most useful things an estate attorney can give a client — and a quiet protection for the attorney. Clients arrive with a vague sense that they "need a trust" and little idea of the decisions that go into one or the steps that make it work after signing. A clear checklist turns a confusing process into a guided one, reduces the back-and-forth that eats your time, and ensures the client actually funds the trust instead of leaving it an empty shell. This is the checklist, written so you can adapt it and hand it to clients.
Before drafting: the decisions
- Successor trustee. Who manages the trust if the client can no longer, and a backup. This is the most important fiduciary choice.
- Beneficiaries and how they inherit. Outright or in trust, at what ages, with what conditions — and contingencies if a beneficiary predeceases.
- Guardian for minor children. A will-only decision, but made here as part of the plan.
- Financial and healthcare agents. Who acts under the power of attorney and the healthcare directive.
- Special situations. Blended family, a beneficiary with special needs, business interests, out-of-state property — each changes the drafting.
What the package includes
- The revocable living trust — the dispositive instrument.
- A pour-over will — catches assets not titled in the trust and nominates a guardian.
- A durable power of attorney — financial decisions on incapacity.
- A healthcare directive and HIPAA authorization — medical decisions and information access.
- Funding instructions — how to retitle assets into the trust.
For a married couple, most of these are produced for both spouses. See the married-couple drafting workflow.
After signing: funding the trust
This is the stage clients skip and plans fail on. A signed but unfunded trust avoids nothing. The checklist must make funding concrete:
- Real estate. Deed the home and other property into the trust.
- Bank and brokerage accounts. Retitle them in the trust's name.
- Business interests. Assign membership or partnership interests where appropriate.
- Beneficiary designations. Review retirement accounts and life insurance to coordinate with the plan — see our beneficiary designation review letter.
- Confirm and document. Verify each asset is funded and record it in the file.
Delivering the checklist without busywork
The checklist, the documents, and the funding instructions all draw on the same client data — the family, the assets, the fiduciaries. With a single-entry data model you generate all of it from one data set, so the client-facing checklist matches the documents you drafted and nothing is re-keyed. ContractKit drafts the full living trust package and the client materials from one plain-English brief; you review and personalize before delivering. At $49/month flat with practice tooling bundled, the whole client deliverable comes from one place. See the attorney workflow checklist for the firm-side process.
Frequently asked questions
What is included in a living trust package?
A complete revocable living trust package usually includes the trust itself, a pour-over will, a durable power of attorney, a healthcare directive (and HIPAA authorization), and funding instructions. For a married couple, most of these documents are produced for both spouses. The trust controls distribution; the will catches anything not titled in the trust.
What should a client decide before the trust is drafted?
The successor trustee (and a backup), the beneficiaries and how they inherit (outright vs in trust, and at what ages), a guardian for any minor children, the agents for financial and healthcare decisions, and any special situations like a blended family or a beneficiary with special needs. These decisions become the drafting brief.
Why is funding the living trust so important?
A living trust only avoids probate for assets actually titled in its name. If the client signs the trust but never retitles their accounts and property into it, those assets pass through probate via the pour-over will — defeating the main reason for the trust. Funding is the step clients most often skip, so the checklist must make it explicit.
How can attorneys deliver this checklist efficiently?
ContractKit drafts the full living trust package and client-facing materials from one plain-English brief using a single-entry data model, so the client’s checklist, documents, and funding instructions all come from the same data — no re-keying. You review and personalize before delivering. It is $49/month flat.
Deliver the full package from one brief
Try ContractKit free for 14 days — no credit card. Trust, will, POA, directive, and client materials from one data set, at $49/month flat.
Start free trial →