🌊 How to Set Up a Trust in Delaware (2025 Guide)

Delaware isn’t just home to favorable corporate laws — it’s also one of the most trust-friendly states in the country. Whether you live in Delaware or want to take advantage of its powerful trust laws, this guide will help you set up your trust the right way.

You don’t need to spend thousands on an attorney. You just need the right structure.

🔍 What Is a Trust?

A trust is a legal arrangement where you transfer your assets into a separate entity (the trust), which is managed by a trustee for the benefit of your beneficiaries.

The most common option is a Revocable Living Trust, which:

• Avoids Delaware probate

• Keeps your estate private

• Lets you stay in control during your lifetime

• Automatically passes property to your heirs when you die

• Helps with incapacity planning

📍 How to Set Up a Trust in Delaware

1. Choose Your Trust Type

Start with a Revocable Living Trust, which is:

✅ Recognized under Delaware Code Title 12, Chapter 35
✅ Flexible and can be amended anytime
✅ Compatible with property ownership and inheritance laws

Optional additions:
☐ Minor’s Trust
☐ Special Needs Trust
☐ Spendthrift Trust
☐ Dynasty Trust (Delaware allows perpetual trusts!)
☐ Pet Trust

✅ TrustGenie includes all these structures in one customizable setup.

2. Assign Key Roles

☐ Grantor – The person creating the trust (you)
☐ Trustee – Manages the trust (can also be you)
☐ Successor Trustee – Takes over if you’re incapacitated or pass away
☐ Beneficiaries – Who receives your trust assets

You may also want to name a:
☐ Trust Protector – Someone who can modify the trust if needed (Delaware-friendly role)

3. List and Organize Your Assets

Include:

• Delaware real estate

• Bank and brokerage accounts

• Business interests (LLCs, corporations)

• Retirement accounts and life insurance

• Vehicles and personal property

• Digital assets (domains, crypto, royalties, etc.)

✅ TrustGenie provides a Schedule A and General Assignment tool to organize and document your assets clearly.

4. Sign and Notarize

Delaware does not require witnesses, but:

✅ You must sign and notarize the trust for full legal protection
✅ Store the original securely
✅ Provide a copy to your Successor Trustee

✅ TrustGenie includes a built-in signing checklist.

5. Fund the Trust

This is where most people make costly mistakes.

To fund your trust:

☐ File a new deed for real estate (TrustGenie includes Delaware deed templates)
☐ Retitle bank and investment accounts
☐ Assign personal property using a General Assignment form
☐ Update beneficiary designations where needed (life insurance, retirement)

🚨 If your trust is not funded, it won’t avoid probate!

⚠️ Common Mistakes in Delaware

❌ Creating a trust but never funding it
❌ Forgetting to list LLC or corporate shares
❌ Not taking advantage of Delaware’s dynasty trust provisions
❌ Using out-of-state templates that aren’t Delaware compliant
❌ Not telling your trustee where documents are stored

💰 How Much Does a Trust Cost in Delaware?

Method Cost Range Attorney$2,500 – $8,000+ Online Templates$100 – $400 TrustGenie$150/year (all-in)

Includes Delaware-compliant trust documents, deed templates, digital storage, and help from real trust agents.

🧠 Do You Need a Lawyer to Create a Trust in Delaware?

No. Delaware law allows any adult of sound mind to create a valid trust that:

✅ Names a trustee and beneficiaries
✅ Is signed and notarized
✅ Has a list of assets
✅ Follows local property and inheritance rules

✅ TrustGenie provides everything you need to do this legally.

📎 Free Download: Delaware Trust Setup Checklist

Want a printable version of these steps?

📥 [Download Delaware Checklist] (Let me know if you'd like it now in plain text.)

✅ Ready to Protect Your Legacy?

Thousands are turning to TrustGenie to create affordable, legal trusts — and avoid probate without expensive lawyers.

👉 [Create Your Delaware Trust – $150/year]