Planning for the future is important, especially when it comes to protecting your assets and loved ones. One of the most effective estate planning tools is a trust. Trusts help families avoid probate, keep financial matters private, and maintain control over how assets are shared. Because of these benefits, many people ask, can you set up a trust without an attorney?

The short answer is yes. You can legally create a trust on your own. However, while it is possible, it is not always simple. The process requires careful planning, accurate paperwork, and a clear understanding of your goals. In this article, you will learn what a trust is, how to set up a trust, the benefits of doing it yourself, and the risks you should consider before moving forward.

What Is a Trust?

A trust is a legal arrangement that allows one person, called the grantor, to place assets under the control of another person or organization, known as the trustee. The trustee manages those assets for the benefit of one or more beneficiaries. Many families use trusts as part of a complete will and trust plan to make sure their wishes are followed.

Trusts are commonly used because they can:

• Avoid probate court
• Protect family privacy
• Control when and how assets are distributed
• Help manage property during illness or incapacity

Because trusts offer these advantages, they are a popular option for estate planning.

Common Types of Trusts

There are many different types of trust, but two types are used most often when families begin planning. 

• Revocable Trust: A revocable trust allows the grantor to keep control of their assets during their lifetime. The trust can be changed, updated, or canceled at any time. Because of this flexibility, many people choose a revocable living trust as their first estate planning tool. 
• Irrevocable Trust: An irrevocable trust usually cannot be changed once it is created. When assets are placed into this trust, the grantor gives up control. In return, this trust may offer stronger protection from creditors and possible tax benefits.

Choosing the right trust depends on your financial goals, family needs, and comfort level with control.

How to Set Up a Trust Without an Attorney?

Although professional help can be useful, many people want to learn how to create trust on their own. While the process may seem confusing at first, breaking it into simple steps can help make it manageable.

Step 1: Define Your Goals

Before setting up a trust, you need to understand why you want one. Take time to ask yourself:

• Do you want to avoid probate?
• Are you protecting assets for your family?
• Do you want to control when beneficiaries receive property?
• Are tax savings important to you?

Once your goals are clear, it becomes easier to decide which trust fits your situation. For many families, a living trust provides flexibility and peace of mind.

Step 2: Choose the Right Type of Trust

After setting your goals, the next step is selecting the trust that meets your needs. Common options include:

• Revocable living trust for flexibility and control
• Irrevocable trust for asset protection and tax planning
• Special needs trust to support a loved one without affecting benefits
• Testamentary trust created through a will and activated after death

Each trust serves a different purpose. Therefore, understanding these differences is important when deciding how to set up a trust that works for you.

Step 3: Select a Trustee

The trustee manages the trust assets and follows the instructions in the trust document. You may choose:

• Yourself, if you have a revocable living trust
• A trusted family member or friend
• A professional or corporate trustee

Because the trustee plays an important role, you should choose someone responsible, organized, and trustworthy.

Step 4: Draft the Trust Document

The trust document is the foundation of the entire process. It explains how the trust works and what the trustee must do. At a minimum, the document should include:

• Names of the beneficiaries
• A list of assets placed in the trust
• Instructions for when and how assets are distributed
• The trustee’s powers and duties

Online templates can help with drafting. However, they may not cover every situation. Many estate planning resources explain how ownership works inside a trust and how control changes over time, especially after the grantor’s death.

Step 5: Fund the Trust

Creating the document alone is not enough. You must transfer ownership of assets into the trust. This step is called funding the trust, and it is one of the most important parts of setting up a trust.

Common asset transfers include:

• Real estate: A new deed transfers ownership to the trust
• Bank accounts: Account titles are changed to the trust’s name
• Investment accounts: Financial institutions help complete transfers

If assets are not properly transferred, they may still go through probate. As a result, the trust may not work as intended.

Step 6: Sign and Notarize the Trust

After drafting and funding the trust, you must sign the document according to state law. In most cases, this means signing in front of a notary public. This final step makes the trust legally valid.

Benefits of Creating a Trust Without an Attorney

Many people choose to handle this process on their own for several reasons.

• Lower Costs: Legal fees for trust creation can be expensive. By choosing to create a trust yourself, you can save a significant amount of money.
• More Control: Handling the process yourself allows you to work at your own pace. It also gives you direct control over decisions without relying on someone else.