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To make a living trust in Idaho, you: Choose whether to make an individual or shared trust. Decide what property to include in the trust. Choose a successor trustee. Decide who will be the trust's beneficiaries?that is, who will get the trust property. Create the trust document.
Ultimately, the question is not whether it is better to have a will or a trust, but if you should have a trust in addition to a will. If you die without having a valid will or trust in place, the courts will determine how your assets are distributed.
Trusts Can Avoid Probate A trust is an effective tool to avoid probate in Idaho. A trust can hold virtually any asset, including real property, bank accounts, and vehicles. A valid trust will transfer ownership of your property to yourself as the trustee.
A revocable trust and living trust are separate terms that describe the same thing: a trust in which the terms can be changed at any time. An irrevocable trust describes a trust that cannot be modified after it is created without the beneficiaries' consent.
While a will outlines how you would like your property and assets distributed after your death, a trust allows you to name a beneficiary or beneficiaries and then holds the money or property on their behalf until it is time to distribute it.
Registration procedures. Registration shall be accomplished by filing a statement indicating the name and address of the trustee in which it acknowledges the trusteeship. The statement shall indicate whether the trust has been registered elsewhere.
Idaho Statutes Duty to register trusts. The trustee of a trust having its principal place of administration in this state shall register the trust in the court of this state at the principal place of administration.
To create a living trust in Idaho, you create and then sign a declaration of trust in front of a notary. You then transfer ownership of assets into the trust to fund it. At this point it becomes effective.