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Declaration of trust is the document used to establish the primary details of a trust . While some states allow oral declarations, many states require a written declaration of trust outlining the essential pieces of the trust in order for it to be legally recognized.
A Declaration of Trust is a legal document that declares who owns an asset or property and who will benefit from it. On the other hand, a Trust Agreement is an agreement between two parties where one party agrees to hold assets for another partys benefit.
What is a Declaration of Trust? A declaration of trust is a legal document used to create a new trust or to confirm the terms of an existing trust. The declaration of trust acts as the legal contract between the trustee and the beneficiary regarding the administration of the trustees assets.
A declaration of trust is usually drawn up when a property has multiple legal owners but not all the owners have contributed equally to the property purchase. For example, an unmarried couple may purchase a home together but one of them provided most or all of the deposit.
A Declaration of Trust is required when owners wish to legally outline their contributions to a property, either by lump sum or portion (such as a percentage or fraction), and their agreement as to how the proceeds are to be distributed on the eventual sale.

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How to create a living trust in California Take stock of your assets. Choose a trustee. Choose your beneficiaries. Draw up your Declaration of Trust. Consider signing your trust document in front of a notary public. Transfer your property to the trust.
While a trust does not need to be notarized in California to be valid, there are a few reasons why you may want to consider having it notarized. Notarizing a trust can increase its authenticity, reduce the risk of fraud, and make it easier to transfer assets to the trust.

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