How much does it cost to set up a trust fund

Find out if you can make your own living trust, and how to get started.

If you've decided you want a living trust to avoid probate, how should you proceed? Do you need a lawyer, or can you make a living trust yourself? With a little education, most people can draw up a perfectly legal living trust for next to nothing. Read on to learn how living trusts help avoid probate, how to make a living trust, and whether you can make one yourself.

How Do Living Trusts Avoid Probate?

For many Americans, a significant goal of estate planning is to avoid probate. A revocable living trust, unlike a will, offers a fast, private, probate-free way to transfer one's property after death. Although a living trust is not a complete substitute for a will (it doesn't allow you to name a guardian for a child, for example), it is definitely a more efficient way to transfer property at death, especially large-ticket items such as a house.

How Much Does a Living Trust Cost?

Assuming you decide you want a revocable living trust, how much should you expect to pay? If you are willing to do it yourself, it will cost you about $30 for a book, or $100-250 for a service such as WillMaker & Trust. If you hire a lawyer to do the job for you, get ready to pay an average of between $1,000 and $2,000.

You may assume that paying thousands of dollars for the assistance of a professional means you'll receive good value. You get what you pay for, right? Maybe not. If you are willing to invest a couple of hours of your time using a top-quality do-it-yourself resource, you may end up with just as good a result.

How to Make a Living Trust

To understand why most lawyers charge too much for a living trust and why it is safe to do it yourself, it helps to know that a living trust is about as easy to prepare as a will. To draft a standard living trust—which is what most attorneys offer—you start with a lot of legal boilerplate (off-the-shelf legal language) and add the following information:

  • The name of the person creating the trust (called the grantor, settlor, or trustor). If it's your trust, that's you.
  • The name of the person who will manage the trust (the trustee). Again, if it's your trust, this is you. That's right, the same person creates it and controls it.
  • The name of the person who will take over as trustee and distribute property in the trust when the trustor dies or becomes incapacitated (the successor trustee). Most people choose a spouse, grown child, or close friend.
  • The names of the people who will receive the property in the trust (your beneficiaries, just as with a will).
  • The name of a person to manage any property left to young beneficiaries.

After the trust is drawn up, you sign it in front of a notary public.

Finally, to make the trust effective, all property to be distributed under its terms must be transferred into the name of the trustee using a deed or other standard transfer document.

When to Make a DIY Living Trust, and When to Use a Lawyer

If it's this easy, why not do it yourself? Many people do, quite successfully. (See this survey on people's experiences with do-it-yourself estate planning.)

But consider hiring a lawyer if you have questions about your particular situation or a thorny estate planning issue that a basic living trust just doesn't address. For example, you'll want to consult an attorney if:

  • You have a lot of debts
  • You're not sure what you own
  • You don't have someone you trust to name as successor trustee
  • You want to place conditions on your gifts (such as giving money to your nephew only if they graduate from college)
  • You anticipate family conflict over your gifts,
  • You live abroad or own property abroad, or
  • You might owe estate taxes.

But even if you do go the lawyer route, it's worth doing a little research on your own; it's a lot more cost-efficient than paying a professional to educate you about the basics.

Next Steps

Look over the state list below to learn more about living trusts in your state.

For help on choosing a good estate planning attorney, read How to Find an Excellent Lawyer. Or you can go to Nolo's Lawyer Directory for a list of estate planning lawyers in your geographical area (click on the lawyer's or law firm's profile to learn about a lawyer's experience and philosophy).

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Unfortunately, too many people tend to put off their Estate Planning because they’re concerned about the cost. And we can admit, it’s a valid concern. High-priced Estate Planning attorneys can make the process incredibly expensive, even if you have a small to mid-sized estate.  

But don’t let fear get in the way of your future. Because the reality is, failing to plan can be much more costly in the long run - both for your loved ones and for your legacy. 

Learn why you shouldn’t be afraid of the average cost of a Will and Trust, and find out more about how to choose the right Estate Planning vehicles for your needs, based on your current situation and the plans you have for your financial future. Read on, as we cover:

  • What Is the Average Cost of a Will?

  • What Is the Average Cost of a Trust?

  • Other Important Information To Consider  

  • What’s the Difference Between a Will and a Trust? Do I Need Both?

  • Can I Just Write a Will Myself?

  • How to Set Up Your Own Trust & Will

What Is the Average Cost of a Will? 

The average cost of having a Will drawn up depends on a number of factors, including whether or not you write it yourself, or if you’re using an Estate Planning attorney to do it for you. 

Other factors that will come in to play can include how complicated and complex your estate is and how many beneficiaries you’ll have. Even where you live can influence the cost of your Will. The average cost can range anywhere from just a few hundred dollars, to the thousands-of-dollars range. 

What Is the Average Cost of a Trust?

Just like with a Will, the average cost of having a Trust created can widely vary. Cost will be reflective of multiple things, like if you’re doing it yourself, hiring an Estate Planning attorney, and of course, how complicated your estate is and how many assets you have. 

Depending on whether you plan to make your Trust yourself, or if you’ll use an attorney, you can expect the cost of a Trust to be anywhere from under $100 to upwards of several thousand dollars.

Other Important Information To Consider About the Average Cost of a Will and Trust

Of course, cost is understandably an important aspect to consider, but it shouldn’t be the only thing you think about when considering a Trust or Will. There are actually a number of other circumstances that are important, too.  

What’s the Difference Between a Will and a Trust? Do I Need Both?

There are significant differences between a Will and a Trust. Knowing which one is right for you greatly depends on your circumstances now, as well as your goals for the future. 

A Will is the most basic of your Estate Planning vehicles, and the cost to create one reflects that. Wills are generally easy to create and cost much less to execute than Trusts do. But, on the flip side, they offer less protection and will have to go through the costly, time-consuming, often-stressful process of probate. 

Trusts, by contrast, can be more complex and have more sophisticated financial goals. And depending on what type of Trust you use, they can reach further in terms of asset protection. And all Trusts avoid the probate process for your loved ones. Because they’re more complex, a Trust is typically more expensive than a Will to create and put into play. 

Want to learn more about the differences between a Trust and a Will? Check out our guide! 

Factors That Affect the Cost of a Will and Trust

There are a number of factors that can affect the cost of a Will or Trust. Understanding them can help ensure you’re comfortable and know what to expect up front. Cost may be affected by things like:

  • State of residence - Fees to create an Estate Plan can be influenced by area-norms. Particularly if you live in a place where cost of living is higher than the national average, attorney fees will likely follow suit. An Estate Planning attorney in New York City will generally cost more per hour than one in a more rural part of North Carolina, for example.

  • Size of assets - The larger your assets are, the bigger your estate, the more expensive it’ll be to coordinate everything into effective Estate Planning vehicles. If you have an exceptionally large estate, you should expect to pay more for your Estate Plans, regardless of whether you use a Trust, a Will, or (better yet), both!

  • Hiring a lawyer - Legal fees can be (and often are) the most expensive part of the Estate Planning process. You may feel more confident using an attorney, but keep in mind that today you have viable, trust-worthy options available to create concrete, protective Estate Plans on your own. Trusted companies like Trust & Will have worked hard to make their process just as effective even while eliminating the traditional Estate Planning attorney route. And best of all...you can go through the entire thing for a fraction of the cost.

  • How many beneficiaries you’ll have - Having more beneficiaries won’t necessarily cost you more now, but keep in mind that your Trustee and/or Executor will have to manage all of them in the future. While it shouldn’t be a deterrent to leaving assets to your loved ones, it’s something to keep in mind when you’re considering cost. 

Can I Just Write a Will Myself? 

The short answer here is yes, you absolutely can write a Will yourself. But you should be aware of a few things before deciding this is the best way to go about your Estate Planning. 

While it is perfectly legal to create a Will on your own, there are numerous caveats to keep in mind. If a Will is challenged in court and then found to be not valid, it can pose all kinds of complicated issues for your loved ones to sort out after your passing. 

For example, your Will must comply with state standards and requirements. It must have the appropriate number of witnesses, and some states have specific laws about whether or not a hand-written Will is acceptable. 

Bottom line, if you’re writing a Will yourself, you want to be very careful so you can avoid potential headaches for your loved ones in the future. 

How to Set Up Your Own Trust & Will

Even though the DIY model of Estate Planning can be risky, you do have other options besides using an expensive attorney as an alternative. Using the services offered by Trust & Will offers a viable, cost-effective, simple-to-use, effective way to create a Trust or Will that you know you can count on. 

Ensure your wishes are followed and that you’ve protected your estate and your loved ones in the future by crafting a comprehensive, all-inclusive Estate Plan that covers everything you need. 

Trust & Will has taken the guesswork out of Estate Planning. We’ve simplified the process so it’s easy to understand, and we’ve eliminated the stress of it being ridiculously costly. We believe that everybody deserves an Estate Plan, so we set out to make the process as accessible and affordable as possible. We think you’ll agree - check out our affordable Estate Planning options today.

Is there a question here we didn’t answer? Reach out to us today or Chat with a live member support representative!

Is setting up a trust fund expensive?

How Much Does a Trust Cost? If you hire an attorney to build your trust, you'll likely pay in the range of $1,500 to $2,500, depending on whether you are single or married, how complex the trust needs to be and what state you are in.

How much is the average trust fund?

In the U.S., fewer than 2% of people are left with trusts from their parents. The median amount that is passed through trusts is $285,000. The average amount that is held in trusts is $4,062,918.

What are the 3 types of trust?

With that said, revocable trusts, irrevocable trusts, and asset protection trusts are among some of the most common types to consider. Not only that, but these trusts offer long-term benefits that can strengthen your estate plan and successfully protect your assets.

How do I set up a trust in Utah?

In Utah, youll need to complete a series of six steps to get your living trust in order:.
Pick a single or joint trust. ... .
Review and inventory your property. ... .
Decide on a trustee. ... .
Write out your trust documents. ... .
Sign your living trust in front of a notary public..
Fund your trust..