What happens to a revocable trust when the person dies?
Michael Gray
Updated on March 15, 2026
When the grantor of a revocable trust dies, the trust becomes irrevocable. At that point, the successor trustee needs a federal tax identification number or employer identification number. In some states, successor trustees also need state tax identification numbers.
Who owns a revocable living trust?
You keep full control of all of the assets, they are just in the name of your Trust. As Trustee of your Trust, you can do anything you could do before – buy and sell assets, change or even cancel your Trust. That’s why it’s called a Revocable Living Trust. You even file the same tax return.
Can a living trust be created after death?
As a California Estate Planning Attorney I can give you a little good news: California has implemented an easier and expedited court procedure which can transfer certain assets into a trust after a death so that the estate can be administered without further delay.
Can a revocable trust be funded after death?
While a trust may be funded upon the grantor’s death, it is generally preferable to fund it while the grantor is living. This ensures continuity of asset management and financial support of the grantor, should he or she become disabled.
What happens to a revocable living trust when the grantor dies?
A revocable living trust is a legal entity that holds a trustmaker’s property so probate of that property isn’t necessary when the trustmaker—sometimes called the grantor—dies. A deceased individual can’t own property, so probate becomes necessary to move assets from the decedent’s ownership into the names of living beneficiaries upon death.
Who is responsible for the property when the trust maker dies?
The document must list the property in the trust, name a trustee, and name who gets the property when the trust maker dies. The trustee is the person who will take care of the property. While the trust maker is alive, the trustee is usually the trust maker and then a successor trustee takes over after the trust maker’s death.
Which is the first step in settling a revocable living trust?
The first step in settling a Revocable Living Trust is to locate all of the decedent’s original estate planning documents and other important papers.
How can I find out about a revocable trust?
Obtain the original revocable trust documents along with any amendments or trust restatements. Read the trust documents to understand the trust terms and find the names of any beneficiaries. Locate the grantor’s brokerage statements, bank statements and insurance policies.