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Do I need to record my Trust with the county or state?

Most trusts do not need to be recorded with the county or state and are not part of the public record. Learn why Living Trusts are private documents.

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In most cases, you do not need to record or file your trust with the county or state. Trusts, especially Revocable Living Trusts, are generally considered private legal documents.

Why Trusts Are Not Publicly Recorded

Unlike Wills, which often become public during probate, a Living Trust:

  • Does not go through probate (if properly funded)

  • Remains confidential

  • Is designed to be used privately by your trustee and beneficiaries

As a result, there is usually no legal requirement to file the full trust with a government agency.

β†’ Related: What Is Probate?
β†’ Related: How Do I Fund My Trust?

Exceptions or Special Situations

There may be specific situations where a portion of the trust (such as a Certificate of Trust) is shared with:

  • Financial institutions

  • Title companies (when transferring real estate)

  • Attorneys or tax professionals

These documents confirm that the trust exists and is valid, without disclosing the full contents of the trust.

If you're unsure whether your situation requires filing or partial disclosure, it may be helpful to consult with a local estate planning attorney.

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