Can You Set Up a Trust Without an Attorney? Steps, Costs and Risks
Updated November 1, 2026
BestParalegals is not a law firm and does not provide legal advice. Information here is general and may not apply to your situation or state. For legal advice, consult a licensed attorney.
Short answer: in most US states you can legally create a simple revocable living trust yourself, using a form, software or a legal document preparer. The trust only works if you also fund it by retitling assets into its name, which is the step most DIY trusts get wrong. Complex situations such as tax planning, special needs, blended families or a business call for an estate planning attorney. This guide is general information, not legal advice.
Steps to set up a living trust yourself
- Decide what goes in: house, bank and brokerage accounts, and other property.
- Choose a trustee and a successor trustee: usually you, then someone you trust to take over.
- Name beneficiaries and any conditions.
- Prepare the trust document using your state's requirements.
- Sign it as your state requires; notarization is common and often expected by banks and title companies.
- Fund the trust: record a new deed for real estate and retitle accounts or name the trust as beneficiary. Assets left outside may still go through probate.
- Make a pour-over will to catch anything you missed (see making a will without a lawyer).
DIY vs. document preparer vs. attorney
| Option | What you get | Best for |
|---|---|---|
| DIY form or software | You fill in a template and handle signing and funding yourself | Simple estates, organized people |
| Legal document preparer / paralegal | A trained preparer types the documents from your instructions; cannot give legal advice | Simple estates where you want it done correctly |
| Estate planning attorney | Advice, custom drafting, tax and family strategy | Large or complicated estates, disputes likely |
See what an estate planning paralegal does, and our estate planning checklist for the full document set.
When you should hire a lawyer
- An estate large enough that estate tax may apply (see the IRS estate tax page).
- A beneficiary with a disability who receives benefits.
- Children from a prior relationship, or someone likely to contest.
- A business, property in several states, or assets abroad.
Trust vs. will for avoiding probate
A funded living trust can let your successor trustee transfer assets without probate court, which a will alone does not. Read how to avoid probate for the other tools, such as payable-on-death accounts.
Get help preparing your trust
If you'd rather not draft it yourself, you can get matched with a vetted document preparer. Tell us your state and what you need.
FAQ
Is a DIY trust legally valid?
It can be, if it meets your state's requirements and is signed correctly. Funding it properly matters just as much.
Can a paralegal write my trust?
A paralegal or legal document assistant can prepare documents under your direction (and in some states must be registered), but cannot advise you on what to include. Only a lawyer can give legal advice.
Tell us what you need and we'll try to connect you with paralegal or legal-support providers. Get matched