What is a Revocable Living Trust in Utah

 If you have been researching estate planning, you have probably heard the term revocable living trust. But what exactly is it, how does it work, and why do so many Utah families use one?

A revocable living trust is a legal arrangement that allows you to place assets into a trust while continuing to own, control, and use those assets during your lifetime. It also provides instructions for how those assets should be managed if you become incapacitated and how they should be distributed after your death.

For many Utah families, a revocable living trust can make the transfer of property easier and help avoid probate. Furthermore, the living trust may preserve and protect several of your legal rights that end upon death. 

What Does “Revocable” Mean?

We once had a client who said, I don’t want one of those irreversible trusts. What he was meaning, is he didn’t want an irrevocable trust, or one that couldn’t be easily changed. What he wanted was a ‘reversable’ or revocable trust. The word revocable simply means that you can change or cancel the trust while you are alive and have legal capacity.

For example, you can generally:

• Add or remove assets from the trust
• Change your beneficiaries
• Change who will serve as successor trustee
• Change how and when beneficiaries receive their inheritance
• Amend other provisions of the trust
• Revoke the trust entirely

This flexibility is one of the reasons revocable living trusts are commonly used in estate planning.

Who Controls the Trust?

When you create a revocable living trust, you are usually called the grantor, settlor, trustor or trustmaker.

In most cases, you also serve as the initial trustee.

That means creating a revocable trust does not normally mean giving up control of your property. You can continue managing your bank accounts, real estate, investments, and other trust assets much like you did before the trust was created.

If you are married, you and your spouse may both serve as trustees, depending on how your estate plan is structured.

What Happens If You Become Incapacitated?

One important benefit of a revocable living trust is that it can provide instructions for what happens if you can no longer manage your own financial matters.

Your trust can name a successor trustee (someone who comes after you in case you are unable, unwilling or incapable of handling your estate matters) who is authorized to step in and manage trust assets according to the terms of the trust.

For example, the successor trustee may be able to manage trust bank accounts, pay bills, handle investments, or manage property held in the trust.

This can create a smoother transition if illness, injury, dementia, or another condition prevents you from managing your own matters.

This is where having a comprehensive estate plan is so important. A complete estate plan will often include a durable financial power of attorney, a Utah Advance Healthcare Directive/Living Will, and burial or cremation instructions, in addition to the revocable living trust.

What Happens to the Trust When You Die?

When you die (if sole trustor/trustee) and your spouse (if co-trustors/trustees), a revocable living trust generally becomes irrevocable.

The person you named as your successor trustee then follows the instructions contained in your trust.

Depending on the terms of the trust, the successor trustee may:

• Gather and protect trust property (this is called marshalling the assets)
• Pay appropriate expenses and debts (good idea to get help identifying what should be paid in full and what can be negotiated)
• Handle administrative matters (social security, accounts, credit bureaus, etc.)
• Sell property when necessary (following the terms of the trust, but with help from real estate professionals and at fair market value)
• Distribute assets to beneficiaries
• Continue holding assets in trust for certain beneficiaries (this is really important if someone is drug or alcohol addicted, a minor, handicapped or on SSI, has a lot of debt, subject to a pending divorce, or just going to be drama for everyone)

Unlike a last will and testament, assets that are properly titled in a living trust can generally be administered without going through the traditional probate process. If you have property that isn’t titled in the trust, a comprehensive estate plan will have a pour-over will or make use of Utah’s Small Estate Affidavit for transfers. 

That is one of the many but primary reasons many Utah families choose to create a trust.

Does a Revocable Living Trust Avoid Probate in Utah?

A properly created and properly funded revocable living trust can avoid probate for assets owned by the trust.

The words properly funded are important.

Simply signing trust documents does not automatically place all of your property into the trust.

For example, we’ve had clients that came to us years after drafting their estate plan with attorneys that are no longer in business. We made a quick search of public records and identified their real property - home wasn’t even titled in the trust. Fortunately for them, we were able to quickly assist them and keep their estate out of Utah probate. In short, real estate may need to be deeded into the trust, and certain financial accounts may need to be retitled or coordinated with the estate plan with payable on death beneficiary designations.

This is why trust funding is such an important part of the estate-planning process.

• If you have not already read our guide, see How to Fund a Living Trust in Utah for more information about this process.

Does a Revocable Trust Protect Assets From Creditors?

Generally, a standard revocable living trust is not an asset-protection trust.

Because you maintain control over the assets and can revoke the trust, assets in a revocable trust are generally still considered yours during your lifetime.

We have had several clients come in requesting a trust that provides asset protection, but once they realize the trade-offs in control of assets, most stay with mainstream revocable living trust planning.

A revocable trust is primarily an estate-planning and asset-management tool, not a way to hide or protect your own assets from legitimate creditors.

This distinction is important because revocable and irrevocable trusts can serve very different, but important purposes.

Is a Revocable Living Trust the Same as a Living Trust?

In everyday estate-planning conversations, the terms living trust and revocable living trust are often used interchangeably.

A living trust simply means a trust created during your lifetime, that preserves your rights during life and after death.

Most living trusts created for typical family estate planning are revocable, meaning the person creating the trust retains the ability to modify or revoke it.

For a more basic introduction, you can also read our article What Is a Living Trust?

Do You Still Need a Will If You Have a Revocable Living Trust?

Usually, yes.

A comprehensive trust-based estate plan commonly includes a pour-over will.

Among other purposes, a pour-over will can direct certain assets that remain outside your trust at death into your trust as part of the administration of your estate.

Although we prefer stand-alone nominations of guardianship because they require less formalities to amend or change, a Utah last will and testament is also important for parents of minor children because it can be used to nominate guardians. 

A trust and a will therefore work together rather than necessarily replacing one another.

Who Should Consider a Revocable Living Trust?

A revocable living trust may be worth considering if you:

• Own a home or other real estate
• Want to make things easier for your family after your death
• Want to reduce the likelihood that trust-owned assets will require probate
• Want someone you choose to manage trust assets if you become incapacitated
• Have minor children or beneficiaries who should not receive an inheritance all at once
• Own property in more than one state
• Want greater control over how and when beneficiaries receive their inheritance
• Want to protect legal rights that might stop after you pass
• Have children who are drug or alcohol addicted, disabled, you plan on disinheriting anyone or anyone is going to be drama for your estate

However, not everyone needs the same estate plan. Your assets, family circumstances, goals, and concerns should determine whether a trust makes sense for you.

For more information, see our guide Do I Need a Trust in Utah?

A Trust Is Only as Effective as the Plan Behind It

Creating a revocable living trust is more than filling out a document.

The trust should be drafted around your particular circumstances, properly signed, coordinated with your other estate-planning documents, and properly funded.

An estate plan should also be reviewed periodically as your family, assets, and circumstances change. 

This is especially critical if you’ve experienced deaths of loved ones in your family.

Talk With a Utah Estate Planning Attorney

If you are considering a revocable living trust, Integrity Law can help you understand whether a trust is appropriate for your situation and how it should fit into your overall estate plan.

Integrity Law focuses on wills and trusts and helps individuals and families in Tooele, Davis, Salt Lake, Utah Counties and throughout Utah create estate plans designed around their needs and goals.

Contact Integrity Law to schedule a free estate planning consultation.

This article is provided for general informational purposes only and is not legal advice. Estate-planning laws and individual circumstances vary. You should consult with a qualified attorney regarding your specific situation.

About the Author

Bryan Cowley, Esq.

Estate Planning Attorney | Founder of Integrity Law

Bryan Cowley is the founder of Integrity Law in

Tooele, Utah, His practice focuses exclusively on

estate planning, including revocable living trusts, wills,

powers of attorney, healthcare directives, and trust

administration.

Bryan has the heart of an educator and wants his

clients to understand and not be overwhelmed.

Through articles like this, he is committed to

educating Utah families on wills, trusts and estate

planning so they can make informed decisions about

protecting what matters most.

📞 (435) 277-0529

 📍7 S Main Street Suite 316 Tooele, Utah

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Article Information

Last Updated: August 19, 2026

Reviewed By: Bryan Cowley, Utah Estate Planning

Attorney

Practice Areas:

• Revocable Living Trusts
• Wills
• Powers of Attorney
• Trust Administration