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Trust funding records and questions checklist

Trust funding records show which assets a revocable trust owns and which may still be outside it. This checklist explains records and questions for owners of businesses, real estate, and private investments, and for their spouses and adult children. A revocable trust controls only assets it owns, and trustee authority generally covers property actually transferred to the trust, subject to state law.

Real estate and ownership records

Real estate funding involves ownership records and, for California property, a deed.

Business and investment interests

Business interests can have transfer limits tied to governing documents. Practitioners say partnership agreement restrictions may affect a transfer of partnership interests to a trust, and stock option transfers may depend on plan rules and tax considerations.

Accounts, designations, and trust records

Accounts and property generally need ownership switched to the trustee for the trust to control them. A trust certificate can verify the trust to third parties without disclosing beneficiaries or distribution details.

Digital assets and remaining property

Digital assets and property outside the trust can have separate transfer records. Practitioners describe cryptocurrency transfer records that include transfer date, basis, and fair market value, and says trustees or custodians may decline to accept cryptocurrency.

Common questions

What does funding a revocable trust mean?

Funding means transferring accounts or retitling property so the trust owns it. The CFPB guide describes transferring money and property into the trustee's name, subject to state law.

Does a pour-over will eliminate probate?

No. Practitioners describe a pour-over will as sending individually owned assets into the trust through probate at death. The will does not eliminate probate for those assets.

Sources
  • Estate Planning Strategies for Cryptocurrency, einhornlawyers.com (link)
  • Cfpb National Trustees Guide, files.consumerfinance.gov (link)
  • Article on trustlaw.com, trustlaw.com (link)
  • How To Fund A Trust Simplified In 2026, opelon.com (link)
  • How to Fund a Trust in New York, morganlegalgroup.com (link)
  • Convenience Accounts Risks And Alternatives To Consider, kitces.com (link)
  • International Estate Planning Guide US, ibanet.org (link)

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