Where Do You Really Open a Trust Account? – Avoid This Mistake + FAQs
- March 8, 2025
- 7 min read
A trust account is any financial account opened under a legal trust, where a trustee manages assets for the benefit of one or more beneficiaries.
Unlike a regular bank account, a trust account is titled in the name of the trust (not an individual), and the trustee holds a fiduciary duty to use the funds only according to the trust’s terms.
Why open a trust account? Trust accounts are used to protect and manage assets in a structured way. Common reasons include:
- Estate planning: Avoiding probate and ensuring your heirs receive assets smoothly (e.g. funding a living trust with bank accounts, investments, or real estate).
- Asset protection: Safeguarding wealth from creditors or lawsuits through irrevocable trusts or asset protection trusts (available in certain states).
- Minor or special needs care: Managing funds for a minor child or a person with disabilities via a trust so that a responsible trustee controls distributions.
- Business or professional obligations: Keeping client funds or escrow monies separate from personal funds (e.g. an attorney’s client trust account or a real estate broker’s escrow trust account).
In essence, a trust account provides a legal structure to hold assets, offering benefits like control, continuity, and protection. Next, we’ll look at the rules that apply no matter where you open a trust account in the U.S.
Federal Rules for Trust Accounts: FDIC Insurance, Taxes, and Legal Requirements
Before diving into specific institutions or state laws, it’s important to understand federal rules that apply to all trust accounts:
- Bank Account Insurance (FDIC/NCUA): Trust accounts opened at banks are insured by the FDIC, and those at credit unions are insured by the NCUA. Federal deposit insurance covers trust deposits up to $250,000 per beneficiary, with a maximum of five beneficiaries counted per account owner (as of 2024). For example, a trust account with three beneficiaries would be insured up to $750,000 (3 × $250,000). This insurance protects your trust’s money if the bank fails. (Note: The FDIC updated these rules to simplify coverage; if a trust has more than five beneficiaries, the maximum insurance per owner at one institution is generally $1.25 million. The NCUA is implementing similar coverage for credit union accounts.)
- Customer Identification (Patriot Act): Federal law requires financial institutions to verify the identity of those opening accounts. When you open a trust account, the bank will ask for personal identification (e.g. driver’s license, SSN) for the trustees, and often the trust’s details. This Know Your Customer (KYC) process is mandated by the USA PATRIOT Act and Bank Secrecy Act to prevent fraud and money laundering.
- Trust Tax Identification (IRS Rules): A trust may need its own Tax ID. Revocable living trusts (where the grantor is also trustee and can undo the trust) often use the grantor’s Social Security Number for banking and tax purposes. Irrevocable trusts (which are separate legal entities) usually must obtain an Employer Identification Number (EIN) from the IRS. Financial institutions will ask for the trust’s tax ID number (SSN or EIN) when opening the account.
- Securities Accounts (SIPC Protection): If you open a trust account at a brokerage or investment firm (for stocks, bonds, etc.), cash and securities in the account are protected by SIPC insurance up to certain limits (generally $500,000, with a $250,000 limit for cash). This is different from FDIC insurance – it protects against broker-dealer failure, not market losses.
- Uniform Trust Code (UTC): While not a federal law, the Uniform Trust Code is a model law influential across states. Many states have adopted the UTC, which standardizes trust rules. Even in states that haven’t, basic fiduciary principles (duty of loyalty, prudent investment, etc.) apply by law. The federal government defers to state trust law for most governance of trusts, but knowing that there is broad similarity in trust laws can reassure you that banks anywhere will have a process for trust accounts.
Bottom line: No matter where you open a trust account, federal requirements ensure the account is insured and properly documented. You’ll need to prove who you are, provide the trust’s identifying information, and comply with tax rules. Now let’s explore the types of trust accounts you might open – personal, business, or estate-related – and how they differ.
Types of Trust Accounts for Personal, Business, and Estate Needs
Trust accounts aren’t one-size-fits-all. You might be a parent managing a family trust, a lawyer handling client funds, or an executor managing an estate’s trust. Here are the main categories of trust accounts and their uses:
Personal Trust Accounts (Family Trusts and Funds)
Personal trust accounts are opened to manage an individual or family’s own assets under a trust. Typically, these involve living trusts – created during one’s lifetime – or other family trusts set up for asset management and inheritance planning. Key points about personal trust accounts:
- Revocable Living Trust Accounts: A common estate planning tool. You create a revocable trust (often naming yourself as trustee), then open bank or investment accounts in the trust’s name. You still control the assets (since you’re the trustee), but upon incapacity or death, a successor trustee seamlessly takes over without court involvement. Opening a trust checking account for your living trust means your day-to-day finances (from deposits to bill pay) can continue uninterrupted if you can’t manage them.
- Irrevocable Trust Accounts: These are used for asset protection, tax planning, or gifts (like a trust for children). Once you transfer assets into an irrevocable trust, those assets are no longer yours personally. The trustee (which could be a trusted family member or a professional) opens a trust account to hold and manage those assets. For example, a life insurance trust or an education trust for a child would have its own account. Irrevocable trust accounts separate the assets legally from your estate, which can shield them from creditors and estate taxes (subject to complex IRS rules).
- Special Use Personal Trusts: There are niche personal trusts – e.g. Special Needs Trusts (to support a disabled beneficiary without disqualifying them from benefits) or Spendthrift Trusts (to protect a beneficiary’s inheritance from being squandered or claimed by creditors). These trusts also require accounts to be opened by the trustee to manage the funds. Depending on the trust’s terms, the trustee might have to follow strict guidelines on withdrawals.
Where to open: Personal trust accounts can be opened at banks, credit unions, or brokerage firms. Many families use their local bank for a living trust’s checking account and perhaps an investment firm for the trust’s portfolio. The good news is virtually all major financial institutions offer personal trust accounts – you’ll just need to provide the trust paperwork. We’ll discuss the process and best places to open such accounts shortly.
Business and Professional Trust Accounts (Escrow & Client Funds)
Not only individuals use trust accounts – businesses and professionals often must hold money in trust for others. These trust accounts ensure legal and ethical separation of funds. Common examples include:
- Attorney Client Trust Accounts (IOLTA): Lawyers who handle client money (for example, advance fees or settlement funds) are required in every state to keep those funds in a separate trust account, often called an IOLTA (Interest on Lawyers’ Trust Account). These are special bank accounts where any interest earned on small or short-term client funds is pooled to fund legal aid (per state bar rules). If you’re an attorney or opening a law firm, you’d open an IOLTA or client trust account at a bank that meets your state’s requirements (often the bank must be approved by the state bar’s IOLTA program). For the client, this ensures their money isn’t mixed with the lawyer’s own funds.
- Real Estate and Escrow Accounts: Real estate brokers, title companies, and property managers also use trust accounts. For instance, a real estate broker’s trust account holds buyers’ earnest money deposits or tenants’ security deposits. These accounts are typically opened at local banks under the brokerage or property management company’s name as trustee for clients. State laws often regulate such accounts (requiring them to be non-interest-bearing or interest to go to the client, etc.) to prevent misappropriation of funds.
- Business Trusts and Escrows: Businesses sometimes set up trust accounts for specific purposes. For example, a company might establish an escrow trust account during a merger/acquisition to hold funds until conditions are met. Similarly, a trust account for a pension plan or retirement fund might be opened, with the business or a third-party trustee managing it for employees’ benefit. Another example is funeral trusts: funeral homes may place prepaid customer funds into a trust account (as required by state law) so that the money is safeguarded until the services are provided.
- Professional Services and Licensing: Certain licensed professionals (contractors, insurance brokers, bail bond agents, etc.) may be required by law to keep customer premiums or collateral in a trust account separate from their operating funds. These accounts ensure fiduciary responsibility in handling others’ money.
Where to open: Business and professional trust accounts are almost always opened at banks (often local or regional banks familiar with the specific requirements). For example, each state’s bar association provides a list of banks eligible to hold attorney trust accounts. Businesses will choose a bank that offers convenient access and compliance with any bonding or audit rules (some industries require bonding for trust accounts). The process is similar to opening any business bank account, but you must provide any required licenses or documentation (e.g., a law firm might show its bar registration for IOLTA). We will cover state nuances – like which agencies oversee these accounts – in the state-by-state section.
Estate Planning Trust Accounts (Testamentary & Legacy Trusts)
Estate planning often involves creating trusts that take effect upon someone’s death or are used to manage inheritance. These trust accounts ensure that legacy assets are handled properly:
- Testamentary Trust Accounts: A testamentary trust is one created by a will and springs into existence after the will-maker’s death. For example, a will might say, “place my assets in trust for my children until they turn 25.” When the estate is settled, the executor or trustee will open a new trust account (at a bank or investment firm) in the name of that testamentary trust and transfer the inherited assets into it. Because the person who created the trust is now deceased, a successor trustee (named in the will or appointed) controls this account for the beneficiaries. Opening a testamentary trust account requires providing the bank with the trust terms (often the will and probate order) as well as identification for the trustee.
- Inherited IRAs and Retirement Trusts: Sometimes, estate planning trusts are used to manage retirement accounts for beneficiaries (e.g. a see-through trust for IRA benefits). In such cases, a trust account might be opened with a financial institution to hold inherited IRA distributions under trust management. Specialized knowledge is required, but many major banks and trust companies can accommodate these.
- Charitable Trust Accounts: If someone sets up a charitable trust (like a charitable remainder trust or family foundation trust), the trustee will open a trust account to manage and disburse funds to charities according to the trust’s instructions. Often trust companies or banks with charitable trust departments are involved, since managing investments and IRS reporting for these trusts can be complex.
- Estate Trust Accounts: When someone dies, their estate may use a trust account temporarily. For example, an executor might open an “Estate of John Doe – Trust Account” (sometimes just called an estate account) to gather the deceased’s assets and pay bills before distribution. While not a trust in the traditional sense (it’s under probate law rather than trust law), estate accounts function similarly to trust accounts: the fiduciary opens an account to hold funds that belong beneficially to others (heirs or creditors). We include it here because banks handle estate accounts akin to trust accounts, requiring court appointment papers and identification.
Where to open: Estate-related trust accounts can be opened at banks or trust companies. Many people rely on the bank where the decedent had accounts (for convenience) or choose a bank with a strong trust department if professional management is needed. For large or complex trusts (like a generation-skipping dynasty trust or a charitable foundation), families often turn to dedicated trust institutions or private banking services that specialize in estate trusts. The important thing is that the institution is reliable and experienced in handling fiduciary accounts, since these often last many years and involve oversight.
Now that we’ve covered the variety of trust accounts and their uses, let’s answer the core question: Where can you actually open these accounts? Below, we discuss the best places and institutions for opening a trust account and what to consider with each option.
Where to Open a Trust Account: Best Institutions and Options
You have several choices of where to open a trust account, from your neighborhood bank to specialized trust companies to online platforms. The right choice depends on the type of trust, the assets involved, and your needs for service and expertise. Let’s explore each option:
Banks and Credit Unions
Banks are the most common place to open a trust account. Virtually any bank that offers checking or savings accounts can open them in the name of a trust. Credit unions similarly offer trust accounts (often called “trust share accounts” for savings, etc.), though you or the trust may need to qualify for membership.
Key points for banks/credit unions:
- Services: At a minimum, you can get checking and savings accounts for a trust, and often CDs or money market accounts. Many banks also allow trust-owned safe deposit boxes. If the trust is large, banks may provide a trust officer or private client representative to assist.
- FDIC/NCUA Insurance: As noted, deposits are insured up to $250K per beneficiary. If you have a substantial amount to deposit, a bank can help structure accounts for maximum coverage or use a network to spread funds across multiple banks (some offer “cash sweep” services) to extend FDIC coverage for large trusts.
- Process: Opening a trust account at a bank typically requires a trip to the branch (or some banks allow mailing documents). You’ll need to provide copies of the trust agreement or a certification of trust (a summary of the trust’s key info), identification for the trustee(s), and the trust’s tax ID. The account will be titled in the format “John Smith, Trustee of the Smith Family Trust dated 1/1/2025,” or a similar variation. This titling is important for legal reasons and for insurance coverage.
- Pros: Banks are convenient and familiar. They offer easy access to cash (ATM/debit cards for trust checking accounts, for example, can be issued to the trustee) and integration with bill pay and other services. They’re ideal for everyday transaction needs of a trust or when you want local, in-person support.
- Cons: Not all bank personnel are equally knowledgeable about trusts. At smaller banks, you might encounter some confusion if the staff rarely handle trust accounts – always ask to speak with a manager or someone in new accounts who knows trust procedures. Additionally, banks generally won’t manage the trust’s investments unless you hire their trust department (which might require moving the assets under the bank’s management and paying fees). If you only open a deposit account, you as trustee still make the decisions; the bank just holds the funds.
Credit unions share these characteristics but remember: the trust must be eligible for membership. Often if you are a member, your trust (as an entity) can join too. Credit unions may offer slightly better interest rates or lower fees, but they might not have trust specialists on staff.
When to choose a bank/credit union: If the trust’s primary need is a secure place to hold money and handle transactions (like paying bills for a beneficiary or safekeeping inheritance cash), a bank is perfect. It’s also a good first step for any trust – you can later transfer funds to other investments, but you’ll likely need a basic trust checking account anyway for cash flow.
Dedicated Trust Companies and Bank Trust Departments
For more complex trusts or when professional management is desired, you might turn to a trust company or the trust department of a bank. These institutions specialize in fiduciary services and can even serve as the trustee if appointed.
Key points:
- What are they? Trust companies are firms (sometimes independent, sometimes part of a larger bank or financial group) that administer trusts and estates. Examples include well-known ones like Northern Trust, U.S. Trust (now part of Bank of America), and myriad state-chartered trust companies especially in trust-friendly states (e.g. South Dakota, Delaware, Nevada have many boutique trust firms). A bank’s trust department is similar – for example, Wells Fargo or PNC might offer personal trust services through their wealth management division.
- Services: These providers do more than just open an account – they can act as trustee or co-trustee, manage investments, handle recordkeeping, file taxes for the trust, and ensure the trust’s terms are carried out. When you engage a trust company, they will open the necessary accounts under the trust, but also actively oversee the trust’s assets according to its purpose (for a fee).
- Process: Using a trust company usually starts with an agreement for services. If you name a trust company as the trustee in your trust document, they will work with you (if you’re alive) or your estate executor (after death) to get everything opened and transferred. They will open bank accounts, investment accounts, etc., all under the trust’s name but under their management. You’ll still need to provide the trust documents and identification, but then much of the day-to-day is handled by the company.
- Pros: Expertise and continuity. A corporate trustee won’t become incapacitated or biased – they follow professional standards. They also have deep knowledge of trust law and investments. If your trust is meant to last generations or has complicated provisions (multiple beneficiaries, conditional payouts, etc.), a trust company can be invaluable to administrate it correctly. They often have fiduciary liability insurance and regulatory oversight (giving peace of mind that the trust will be handled properly). Additionally, some states require certain trusts to have a resident corporate trustee to use that state’s laws (more on that in state section).
- Cons: Cost is the biggest. Trust companies charge fees, often a percentage of assets (commonly 0.5% to 1% per year for large trusts, sometimes higher for smaller ones or those under intensive management). Many also have minimum asset requirements (e.g. they may only take trusts worth $500,000 or more, sometimes millions). Also, you give up a degree of control – the company will act according to the trust document and won’t deviate just because a family member wants something different. There can be less personal flexibility, though good trust officers strive to work with beneficiaries compassionately within the rules.
When to choose a trust company: If you have a sizable estate, no obvious trustworthy individual to serve as trustee, or if you want to leverage favorable trust laws in a state like Delaware or South Dakota by hiring a trustee there, a trust company is the way to go. Also, for irrevocable trusts where impartiality is key (like a trust benefiting multiple family branches), a professional trustee avoids family conflicts. Many people use a combination: a family member co-trustee plus a corporate co-trustee for professional guidance.
Brokerage and Investment Firms
If a trust will be investing in stocks, bonds, mutual funds, or other securities, opening a trust account at a brokerage or investment firm is often necessary. This could be in addition to a bank account. For example, you might keep some cash in a trust checking account at a bank and invest the rest through a brokerage account in the trust’s name.
Key points:
- Major brokerage options: Almost all big investment firms (Fidelity, Schwab, Vanguard, Morgan Stanley, etc.) allow trusts to open accounts. They may call it a “trust brokerage account” or simply treat it like any individual account but titled in the trust’s name. Online trading platforms and robo-advisors sometimes support trust accounts as well, though not all do – it’s wise to check.
- Services: Brokerage trust accounts enable the trust to buy and sell securities, participate in markets, and even hold alternative assets (depending on the broker). They provide trading, investment advisory (if you opt for it), and reporting. However, unlike a trust company, a brokerage generally will not act as trustee just by virtue of having the account – the named trustee (person or entity) is responsible. Some full-service firms, like private banks, offer both the platform and trustee services if you engage them, but a standard discount broker account is self-directed by the trustee.
- Process: Similar documentation is needed: the trust agreement or certification, trustee IDs and signatures, and the trust’s tax ID. Many brokers allow you to open trust accounts online by uploading PDFs of your trust documents. For example, you might fill out an application selecting “Trust” as the account type and then be prompted to provide the trust’s details. It can often be done without visiting an office, which is convenient if you’re comfortable online.
- Pros: Access to a wide range of investments and potentially better growth for the trust’s assets. A bank account might pay minimal interest, but a brokerage account lets the trust invest in higher-return assets (with corresponding risks). For long-term trusts, this is critical to combat inflation and meet future needs of beneficiaries. Brokerages also provide consolidated statements, and if the trust’s investments are large, you might get assigned an investment advisor or wealth manager to assist.
- Cons: Market risk – with a trust brokerage account, the value can go down if investments underperform. Additionally, cash in a brokerage account is not FDIC-insured (it’s usually held in a sweep account that might be FDIC-insured, or otherwise it falls under SIPC protection which is different). Also, managing a brokerage account requires financial savvy; if the trustee isn’t experienced, they might need to hire an advisor. Some brokerage firms charge maintenance fees if the account is below a certain size or if you want professional management.
When to choose a brokerage account: Practically every trust that isn’t 100% cash will need one. If the trust holds stocks, bonds, ETFs, etc., you will open a trust account at a brokerage to hold those titled to the trust. Choose a firm based on the trustee’s comfort and the level of service needed – for a do-it-yourself trustee, a low-cost platform like Fidelity or Schwab might be ideal, whereas a trustee wanting guidance might prefer a full-service broker or investment advisor managing the portfolio.
Online vs. In-Person Trust Account Opening
In the digital age, you may wonder if you can open a trust account online. The answer is increasingly yes, though it can depend on the institution and complexity:
- Many banks now offer online account opening for trusts, especially for existing customers. You might fill out an online form and then be asked to upload or drop off the trust documents. Some tasks (like verifying the trustee’s identity) might still require a notary or a branch visit. For straightforward cases (e.g. you have a living trust and want to open a savings account), online or phone-based account opening is quite feasible.
- Online banks (those without physical branches) also accommodate trust accounts. They may have you mail in a copy of the trust documents or use secure upload. For example, Ally Bank, Capital One 360, and others have procedures for trust accounts. This is a good option if you want higher interest rates and are comfortable without face-to-face service.
- For brokerages, online opening is standard. You’ll complete the application on their website. Be prepared to send a certification of trust (a summary document that includes key info like trust name, date, trustees, and powers) or sometimes the full trust agreement if required. Turnaround is usually quick (a few days to verify everything).
- When might in-person be better? If your situation is complicated (say, a trust with multiple trustees who all need to sign, or a large irrevocable trust requiring coordination), meeting in person with a bank’s trust officer can expedite resolving any questions. Also, if you prefer personal guidance or have privacy concerns uploading sensitive documents, an old-fashioned branch meeting is still an option.
- Security tip: When opening a trust account remotely, use the institution’s secure portals for sending documents. Avoid simply emailing your entire trust agreement or Social Security numbers without encryption. Banks and brokers will provide secure links or you can use secure messaging on your online account.
In summary, you can open a trust account either online or in-person, depending on convenience and comfort. Just make sure all the paperwork is in order (trust documents, IDs, tax IDs) to avoid delays.
In-State vs. Out-of-State: Choosing the Best Jurisdiction for Your Trust Account
One unique aspect of trusts is that you’re not strictly bound to open the account in your home state. The jurisdiction (state law) governing your trust can significantly affect things like asset protection, taxation, and how long the trust can last. This leads some people to open trust accounts in particular states known for favorable trust laws, even if they don’t live there. Here’s what to consider:
- Trust Situs: “Situs” means the location whose laws govern the trust. Often it’s where the trust was created or where the trustee resides. However, you can deliberately choose a situs by, for example, using a trustee or trust company in a state with better laws. Popular trust-friendly states include Delaware, South Dakota, Nevada, Alaska, Tennessee, New Hampshire, Wyoming, and others. These states often have no state income tax on trusts, strong asset protection statutes, and provisions allowing trusts to continue for many generations (abolishing or extending the rule against perpetuities).
- Asset Protection Trusts: Some states (about 17 states) allow self-settled asset protection trusts – a type of irrevocable trust where you can be a beneficiary of your own trust while shielding assets from future creditors. If you want this benefit, you might need to open the trust in one of those states (like Nevada, South Dakota, Delaware, Alaska, etc.). That typically means working with a trust company or bank in that state to serve as trustee and open the account there. For example, you might hire a South Dakota trust company; they will open the trust’s accounts under South Dakota law.
- State Income Tax: States tax trust income differently. Some tax a trust if the trustee is a resident, or if the creator of the trust was a resident, or if beneficiaries are residents. High-tax states (like California, New York, New Jersey) can potentially tax a trust’s income at rates 10% or higher. By contrast, states like Florida, Texas, Washington (which have no personal income tax) won’t impose an income tax on trust earnings at the state level. Moving a trust’s situs to a no-tax state (with a local trustee) could save significant money over time – this is a strategy ultra-wealthy families often use. However, it must be done carefully to comply with laws; simply opening a bank account in a no-tax state might not avoid tax if the trust is considered resident elsewhere. Professional advice is key for this tactic.
- Local Banking Needs: If the trust is mainly for local use (say you’re managing funds for an elderly parent via a trust), keeping the account in-state at a convenient bank may outweigh any fancy legal advantages of another state. Most everyday trusts (like revocable family trusts) remain in the family’s home state for simplicity. Out-of-state accounts become more relevant for specialized trusts or very large estates looking for specific benefits.
- Regulations: Be aware that if you open a trust account out-of-state, the institution must be willing to accept you as a client. Many trust companies in states like Delaware or Nevada actively court out-of-state clients, but some local banks might not open accounts for non-residents unless through a trust company. Additionally, using an out-of-state trustee might subject the trust to that state’s oversight (for example, some states require registering the trust or annual filings if administered there).
In conclusion, you can open a trust account in any state so long as you meet that institution’s requirements. The decision comes down to convenience versus legal advantages. For the vast majority of cases, using a reputable bank or trust company that you trust (no pun intended) is more important than the state on the letterhead. That said, if you have specific goals like asset protection or tax minimization, consider leveraging states like Delaware, Nevada, South Dakota, or others – with the help of a professional trustee in those locales. Up next, we provide a 50-state overview of trust account considerations, followed by a comparison of different account options’ pros and cons.
50-State Guide: Trust Account Laws and Options by State
Trust laws vary across the United States, which can influence where you might open a trust account and how you manage it. Below is a state-by-state table outlining key trust account considerations in each U.S. state. This includes whether the state follows the Uniform Trust Code (UTC), any notable state-specific trust laws (like asset protection trusts or tax factors), and typical options for opening trust accounts in that state.
(Note: Federal rules apply in every state – e.g. all trust accounts at banks have FDIC insurance and require proper identification. The table highlights state nuances or features that might be relevant when opening a trust account.)
State | Trust Account Considerations |
---|---|
Alabama | Follows the Uniform Trust Code (UTC). Trust accounts can be opened at Alabama banks or trust companies under standard procedures. Alabama allows dynasty trusts (long-term trusts) and has no unique asset-protection trust law (creditor claims are governed by UTC provisions). State income tax applies to trust income administered in Alabama. |
Alaska | Not a UTC state; Alaska has its own trust statutes. Notably, Alaska pioneered self-settled asset protection trusts (since 1997), allowing grantors to shield assets in irrevocable trusts. No state income tax on trusts. Many specialized Alaska trust companies cater to out-of-state clients seeking strong asset protection. You can open trust accounts through these trust companies or any Alaska-based bank. |
Arizona | UTC adopted. Arizona’s trust code is modern and user-friendly. Community property state (married couples can have community property trusts for tax benefits). No special asset-protection trust statute beyond spendthrift trusts for beneficiaries. Trust accounts are commonly opened at national and regional banks in Arizona; state income tax (~2.5%) applies to trust income for Arizona residents. |
Arkansas | UTC adopted. Arkansas allows typical revocable and irrevocable trusts; no specific domestic asset protection trust law. State income tax applies to trust income (with top rates around 4.9%). Trust accounts can be opened at local Arkansas banks or trust divisions – documentation must comply with Arkansas trust code, but the process is standard. |
California | Not a UTC state; California has its own extensive Probate Code governing trusts. California trusts must contend with state income tax (13.3% top rate, one of the highest) if the trust is considered a resident trust. No self-settled asset protection trusts are allowed in CA (a settlor’s creditors can reach revocable trust assets and any irrevocable trust where the settlor is a beneficiary). Nevertheless, California banks and credit unions frequently handle trust accounts (living trusts are very common for estate planning here). If you open a trust account in CA, expect thorough documentation; also, attorneys opening client trust accounts must use approved banks under CA’s IOLTA program. |
Colorado | UTC adopted. Colorado permits directed trusts and has no rule against perpetual trusts (allows long-lasting “dynasty” trusts by statute). No specific DAPT law for self-settled asset protection (like most UTC states). State income tax (flat 4.4%) applies. You can open trust accounts at Colorado banks, and Denver is home to some trust companies. The state’s modern trust laws make administration straightforward for banks and trustees. |
Connecticut | UTC adopted. Connecticut has a state income tax (up to ~6.99%) and does not allow self-settled asset protection trusts. Trust accounts in Connecticut are typically opened at regional banks or trust companies; Connecticut’s trust code is based on UTC with some local customizations. One nuance: Connecticut imposes a state gift and estate tax, so certain large trusts may be structured out-of-state to mitigate this. For everyday trusts, local banks provide the usual services. |
Delaware | Not a UTC state; Delaware is renowned for its trust-friendly laws. It allows perpetual trusts (no rule against perpetuities for personal trusts), has a well-established asset protection trust statute, and offers excellent privacy (allowing silent trusts where beneficiaries might not be informed right away). No state income tax on trust income that accumulates for out-of-state beneficiaries. Delaware has many trust companies and banks with trust departments; opening a trust account in Delaware is often done through these institutions. Many wealthy families select Delaware as the situs for their trusts, using a Delaware trustee to open and manage accounts. Even if you don’t live there, you can leverage Delaware law by hiring a Delaware trust company – they will handle the account opening and administration under Delaware’s robust legal framework. |
Florida | UTC adopted. Florida has no state income tax, making it attractive for trust income (though trusts in FL must still consider federal taxes). Florida does not permit self-settled asset protection trusts for residents, but it does offer strong protection for beneficiaries via spendthrift provisions. Trust accounts can be opened easily at Florida’s numerous banks and wealth management firms, especially since Florida is a hub for retirees’ estate planning. Florida law allows revocable trusts to be used in place of wills, so banks are very accustomed to opening trust accounts (often a simple process with the trust document). Keep in mind Florida’s homestead laws and spousal elective share can affect trusts holding Florida real estate, but that’s more estate planning detail. |
Georgia | Not a UTC state; Georgia has its own trust code (though it shares many similarities). No domestic asset protection trust law in Georgia. State income tax (~5.75%) on trust income if the trust is considered a Georgia resident. Trust accounts are opened at banks throughout Georgia; larger banks in Atlanta often have trust services. One Georgia nuance: If an out-of-state corporate trustee wants to administer trusts in Georgia, it might need to register in Georgia – but as a trust customer, this isn’t a concern unless you specifically want a local corporate trustee. |
Hawaii | UTC adopted. Hawaii allows self-settled asset protection trusts (Hawaii is one of the states on the DAPT list, as of 2010), although its use is less common than states like Delaware. State income tax in Hawaii is high (up to 11%); however, a trust administered by a Hawaii trustee for non-resident beneficiaries might not pay HI tax (complex rules apply). Trust accounts can be opened at Hawaiian banks (which are experienced in trust accounts for local estate planning, given the multi-generational family wealth in HI). If using Hawaii’s DAPT law, you’d likely work with a Hawaii trust company or bank to set up and hold the trust assets in-state. |
Idaho | Not a UTC state (Idaho has not adopted the UTC). Community property state. Idaho has no specific asset protection trust statute allowing self-settled trusts. State income tax (~5.8%) applies to trust income for Idaho resident trusts. You can open trust accounts at Idaho banks or credit unions; Idaho law is fairly straightforward, and many trusts follow standard rules via the Idaho Trust Code. Because Idaho is community property, married couples might use joint trusts recognized under Idaho law, and banks in Idaho will accommodate such titling. |
Illinois | UTC adopted. Illinois trust law (Illinois Trust Code) is up-to-date as of 2020, replacing older statutes. No DAPT allowed for self-settled asset protection (Illinois law prohibits self-settled spendthrift trusts). State income tax (flat 4.95%) will apply to trusts with Illinois connections. Chicago and other Illinois cities have many banks with trust departments. Opening a trust account in Illinois is routine; one thing to note is Illinois allows directed trusts and has laws enabling trust decanting (restructuring), but those features don’t affect opening an account – they just give trustees flexibility. |
Indiana | Not a UTC state (Indiana has its own trust statutes). Indiana does not allow self-settled asset protection trusts. It has a state income tax (around 3.15% plus possible county taxes) affecting trust income. Trust accounts are opened at Indiana banks in the normal way. Indiana’s trust code is relatively traditional but was updated with a Trust Act in recent years (though not UTC). Banks in Indiana, especially larger ones, are familiar with revocable living trusts which are popular in the state for avoiding probate. |
Iowa | Not a UTC state (Iowa had not adopted the UTC as of the latest updates). However, Iowa law does permit typical trust arrangements. No DAPT law. Iowa taxes trust income at its state rates (potentially up to 8.5%, though Iowa has been lowering tax rates recently). To open a trust account, you can go to any Iowa bank or trust company. Iowa’s laws require no unusual steps beyond the standard documentation. One distinctive factor: Iowa still has a rule against perpetuities (limiting trust duration), but again that affects drafting more than account setup. |
Kansas | UTC adopted. Kansas trust law is standardized under the Kansas Uniform Trust Code. No self-settled asset protection trust law. State income tax (~5.7% top bracket) for resident trusts. Kansas banks (from small community banks to larger regional banks) routinely open trust accounts; the process is simple with the trust document. Kansas also has Totten trust or Payable on Death account statutes (often called “POD trusts” informally) for bank accounts, but those are not formal trusts – just mentionable as an alternative for simple estate transfers. |
Kentucky | UTC adopted. Kentucky has modern trust laws and in 2020 enacted its own asset protection trust statute – actually yes, Kentucky passed a law allowing self-settled asset protection trusts (often called Kentucky asset protection trusts). This is relatively recent, placing KY among states allowing DAPTs. State income tax is flat 5% in Kentucky. Trust accounts can be opened at banks across Kentucky; Louisville and Lexington have trust companies and bank trust departments if you need professional management. Provide the trust’s info as usual, and note that if you’re using the Kentucky asset protection trust law, you likely must have a KY trustee (which could be an institution) to qualify – meaning you’d definitely open the account in Kentucky in that scenario. |
Louisiana | Not a UTC state; Louisiana operates under a unique Louisiana Trust Code (rooted in its civil law system). Louisiana law historically had forced heirship (requiring a portion of an estate for certain heirs), though modern changes have loosened this for trusts. No DAPT in Louisiana. State income tax (up to 4.25%) may apply to trust income. Opening a trust account in Louisiana will involve a bank recognizing the Louisiana trust instrument – banks in LA are familiar with the differences (e.g. terminology: Louisiana uses “principal and income act” differently, etc.). Simply bring the trust documents to the bank. One nuance: because Louisiana law is distinct, if you consider using an out-of-state trust for Louisiana assets, consult an attorney to ensure compatibility, but if you’re just opening a local trust account, it’s straightforward. |
Maine | UTC adopted. Maine’s Uniform Trust Code closely follows the standard, with no self-settled asset protection trust provision. State income tax in Maine is high (up to 7.15%), which can affect trusts. Maine banks and trust companies (some independent trust firms operate in Maine due to the wealth in coastal communities) will open trust accounts readily. Maine law allows dynasty trusts up to 1,000 years (effectively no RAP), which is a fun fact but not directly about account opening. Overall, expect a standard process at any Maine financial institution when opening a trust account. |
Maryland | UTC adopted. Maryland law includes some unique tweaks (e.g. protecting trusts from certain claims), but no DAPT for self-settled trusts. Maryland has state and local income taxes that can total ~8% on trust income if the trust is Maryland-resident. Opening a trust account in Maryland is common – Marylanders often use revocable living trusts. Banks in Maryland (including big national banks and local banks) are accustomed to titling accounts in trust. If you’re an attorney in MD, note that client trust accounts (attorney escrow) are heavily regulated by the MD Bar with specific approved banks. For personal trusts, just ensure you have a proper Certificate of Trust ready if the bank prefers a summary of the trust instead of the full document. |
Massachusetts | UTC adopted. Massachusetts law (MUTC) governs trusts and is quite comprehensive. No self-settled asset protection trust law in MA. Massachusetts charges a state income tax (~5%) on trust income for resident trusts. One historical note: Massachusetts business trusts (an old form of trust used as a business entity) started here, but for personal trusts, the usual revocable and irrevocable trusts apply. Opening a trust account in Massachusetts is routine at any bank. Boston has many banks with long-standing trust departments. Also, attorneys opening IOLTA accounts in MA must follow Supreme Judicial Court rules, but banks know those requirements. Provide your trust documentation, and the bank will set up the account under the trust’s name as in any UTC state. |
Michigan | UTC adopted. Michigan not only has the UTC but also permits self-settled Domestic Asset Protection Trusts (since 2017, Michigan law allows a type of irrevocable trust called a “qualified disposition in trust” for asset protection). State income tax is a flat 4.25% (some cities add a small tax) on trust income for Michigan trusts. Michigan has a strong financial sector in cities like Detroit and Grand Rapids, with banks and trust companies available. To open a trust account, standard procedure applies. If you seek to utilize Michigan’s asset protection trust, ensure the trustee and trust account are in Michigan to fully benefit from the law. Otherwise, everyday family trusts are easily handled by local banks or even credit unions (Michigan credit unions often allow trust accounts for members). |
Minnesota | UTC adopted. Minnesota trust law aligns with UTC principles, and MN allows “directed trusts” and trust reformation by statute. No self-settled DAPT law (Minnesota does not permit asset protection trusts for grantors). Minnesota does have state income tax (graduated, up to 9.85%) and notably taxes trusts if the grantor was a MN resident or if a trustee is in MN, etc., which can catch some trusts in the tax net. Opening a trust account in Minnesota is standard at banks; Minneapolis and St. Paul have major banking institutions with wealth management divisions. One quirk: Minnesota had a law limiting certain Medicaid planning trusts (sometimes called a “trustbuster” statute), but that’s beyond normal trust accounts and was struck down anyway. For opening an account, just follow the usual steps with your trust paperwork at any MN bank. |
Mississippi | UTC adopted. Mississippi’s trust law follows the UTC (it was one of the more recent adopters). Mississippi also allows domestic asset protection trusts (yes, Mississippi passed legislation to allow self-settled spendthrift trusts). State income tax in MS has been decreasing; as of 2023 the top rate is 5% but slated to drop to 4% and below in coming years. Trust accounts in Mississippi can be opened at local banks (Mississippi banks are accustomed to trusts in estate planning, though large dedicated trust companies are fewer in MS compared to Delaware or South Dakota). If using the asset protection trust law, you likely need a Mississippi trustee – meaning you would open the account in Mississippi under that trustee’s control. Otherwise, standard revocable trusts are easily handled by any branch with your documents. |
Missouri | UTC adopted. Missouri has a noteworthy trust feature: it allows self-settled asset protection trusts (Missouri has permitted them since 2004, known as “qualified spousal trusts” and other arrangements). It also allows dynasty trusts (Missouri abolished the rule against perpetuities for trusts, so trusts can last indefinitely). State income tax ~4.95% could affect trusts with Missouri ties. Missouri’s banking hub (St. Louis, Kansas City) includes several trust companies and bank trust departments. Opening a trust account in Missouri is straightforward. Because Missouri law is trust-friendly (asset protection and long trusts), some people even use Missouri as their trust situs. If so, a Missouri bank or trust company would open the account. Otherwise, your local MO bank will happily open a living trust account with your trust certificate in hand. |
Montana | UTC adopted. Montana does not allow self-settled asset protection trusts (no DAPT law). It has no state sales tax but does have state income tax (top rate ~6.75%) which can apply to trusts. Montana’s trust code is fairly standard under UTC. Trust accounts can be opened at banks in Montana without fuss – bring the trust documentation. If a Montana trust is small, note that Montana law (like UTC) allows simplified trust termination under certain thresholds, but that’s beyond initial opening. In general, nothing unusual: any Montana financial institution that offers checking or savings can title the account in the trust’s name as required. |
Nebraska | UTC adopted. Nebraska has a modern trust code and even has allowed some advanced tools like trust decanting (reallocating trust assets to a new trust) by statute. No self-settled DAPT in Nebraska law. Nebraska taxes trust income (top bracket 6.64%). Opening a trust account in Nebraska is usually done at community banks or larger banks in Omaha/Lincoln with trust services. Nebraska does not restrict out-of-state banks from acting as trustees, but if you stick with a Nebraska bank, you’ll get familiarity with local law. As always, have the trust info ready; Nebraska’s adoption of UTC means banks require the usual certification of trust and IDs. |
Nevada | Not a UTC state; Nevada is one of the top trust jurisdictions. It has no state income tax, strong asset protection trust laws (Nevada’s self-settled spendthrift trusts are among the most protective, with a short seasoning period of 2 years to shield assets from creditors), and allows perpetual trusts (no perpetuities rule, meaning dynasty trusts can last forever). Nevada has many licensed trust companies and also many national financial institutions operate trust offices in Las Vegas or Reno to take advantage of the laws. To use Nevada’s advantages, you’d typically hire a Nevada trustee or trust company who will open the trust account in Nevada. If you’re a Nevada resident with a living trust, you can simply open your trust’s bank account at any Nevada bank. Banks in Nevada are very familiar with trusts given the popularity of the state for asset protection and estate planning. |
New Hampshire | UTC adopted. New Hampshire is a notable trust-friendly state as well: it has no general income tax on earned income (though it has a tax on interest/dividends of 5% as of now, but scheduled to phase out by 2027), and it allows self-settled asset protection trusts and directed trusts. NH also abolished the rule against perpetuities, allowing long-lasting trusts. Concord and Portsmouth have several trust companies that attract nationwide clients. Opening a trust account in New Hampshire, especially for those taking advantage of its laws, is often done via these trust companies. For local residents with typical trusts, any New Hampshire bank or credit union can open a trust account with your documentation. NH’s trust code is advanced (based on UTC with enhancements for things like trust protectors), but to the customer opening an account, it means the bank staff will be accustomed to various trust setups. |
New Jersey | UTC adopted. New Jersey’s trust law follows the uniform code, and the state does not allow asset protection trusts for grantors. NJ has a state income tax (progressive, up to 10.75%) which can hit trust income if the trust is considered a NJ resident trust (often if a trustee or the creator was in NJ). Opening a trust account in New Jersey is standard – plenty of banks (big and small) operate in NJ. One thing to consider: New Jersey’s estate tax was repealed in 2018, but it still has an inheritance tax for certain beneficiaries, so sometimes trusts are used to mitigate that; however, that doesn’t change how accounts are opened. Provide the trust papers to your New Jersey bank and they will set up the account under the trust’s name. New Jersey’s UTC-based system means clear rules for banks to follow on trusts. |
New Mexico | UTC adopted. New Mexico allows typical trusts under its uniform code; no special DAPT law. State income tax (top rate ~5.9%) could apply to trusts. New Mexico is a community property state (like others, couples can form joint trusts taking advantage of that for tax basis step-up). Trust accounts in New Mexico are usually opened at local or regional banks; in Albuquerque or Santa Fe you can also find trust departments for more complex needs. NM’s trust law is straightforward for account opening – just ensure the trust document is in order. If opening an account on a reservation or for a tribal trust, there might be additional considerations (since NM has many sovereign tribes), but that’s outside typical scenarios. |
New York | Not a UTC state; New York has its own Estates, Powers and Trusts Law (EPTL) and corresponding fiduciary laws. New York is known for relatively strict trust rules (e.g. NY still has a version of the rule against perpetuities and doesn’t allow the ultra-long trusts some states do, except through certain exemptions). No self-settled asset protection trust is allowed under NY law – a trust that you create for your own benefit generally won’t protect assets from your creditors in New York. New York State income tax (up to 10.9% in NYS, plus NYC income tax if applicable) can apply to trust income, making NY a higher-tax environment for trusts. Despite any drawbacks, New York has a huge finance industry: many large banks and trust companies are based there (think BNY Mellon, JPMorgan, etc.), and they are extremely experienced with trust accounts. Opening a trust account in New York should pose no issues – provide your trust documents; banks may also have you sign a New York-specific trustee certification or affidavit. If you’re administering a trust in NY, you might consider co-trustees in a different state if trying to avoid NY taxes, but if not, local banks will handle your accounts with proficiency. |
North Carolina | UTC adopted. North Carolina’s trust code is uniform-based, and NC has in fact a history of trust use in estate planning. It does not have a DAPT law for self-settled trusts (NC is more traditional on creditor access – grantor’s creditors can reach revocable trust assets and any trust where grantor is beneficiary). NC has a state income tax (flat 4.75% in 2023) affecting trust income. Several banks in North Carolina (especially around Charlotte, a banking hub) have trust services. Opening a trust account is routine. North Carolina does require attorneys to use trust accounts for client funds (IOLTA), so banks in NC are also versed in handling those accounts under NC State Bar guidelines. For personal trusts, just bring a certification of trust or the trust instrument to the bank. NC also allows pet trusts by statute (for caring for animals), which means yes, you can open a trust account to benefit your pet – another example of specialized trust use that banks have seen. |
North Dakota | UTC adopted. North Dakota has enacted some favorable trust laws too – it has no specific DAPT for self-settled trusts (though ND considered such laws), but it does allow very long trusts (up to 360 years or effectively perpetual). ND state income tax is relatively low (top rate under 3%). While not as famous as South Dakota, North Dakota is also friendly to trusts and even enacted laws to attract trust business (for example, allowing family trust companies). Trust accounts in ND can be opened at local banks, and there are a few independent trust companies. The process is standard: trust document, IDs, etc. If you are leveraging ND as a situs (say, to avoid another state’s tax), you’d need a North Dakota trustee handling the account there. |
Ohio | UTC adopted. Ohio’s trust code follows UTC with some Ohio-specific additions. Ohio does allow asset protection trusts (since 2013, Ohio permits self-settled “Legacy Trusts” for asset protection), making it one of the states where you can create a DAPT. Ohio has a state income tax (top ~3.99% as of recent law changes) and some local school district taxes. Many major banks in Ohio (Cleveland, Columbus, Cincinnati areas) offer trust account services. Opening a trust account is straightforward. If using the Ohio Legacy Trust law for asset protection, you’ll likely involve an Ohio bank or trust company as trustee, which will handle account setup. Ohio also has a unique legacy: some older “Ohio Trust” arrangements for Medicaid planning, but those aren’t a factor in normal openings. In general, any Ohio bank can set up your revocable or irrevocable trust’s accounts with the usual documentation. |
Oklahoma | Not a UTC state (Oklahoma has its own trust statutes, though similar in many ways). Oklahoma does allow self-settled asset protection trusts (effective from 2004, Oklahoma has the Family Wealth Preservation Trust act with some limitations – it’s not as widely used as DE/NV, but it exists). State income tax (~4.75%) on trust income if Oklahoma-resident. Oklahoma banks (especially in Oklahoma City and Tulsa) can open trust accounts routinely; some community banks may rarely see trusts but will still accommodate with guidance. One thing in Oklahoma: oil, gas, and mineral interests often are put in trust for estate planning – banks are used to handling trust accounts that receive royalty checks, etc., which is a regional consideration. Just ensure the trust is properly created (Oklahoma has some quirks like requiring notarization and possibly court acceptance for certain trust types). Once you have your trust paperwork, the actual account opening is like anywhere else. |
Oregon | UTC adopted. Oregon’s trust code is uniform-based; no DAPT law for grantor trusts. Oregon taxes trust income via its state income tax (up to 9.9% top bracket), which is something to consider if a trust can be established elsewhere, but for Oregon residents with living trusts, it’s a given. Oregon also has an estate tax, causing many Oregonians to use trusts to plan around that, but that is beyond account opening. You can open trust accounts at any Oregon bank or credit union. Portland has several banks with trust departments. Provide the trust document or a summary certification. Note: Oregon law has a unitrust provision (allowing trustees to convert income distributions to a fixed percentage), but that’s administrative. For opening an account, Oregon’s an easy UTC jurisdiction. |
Pennsylvania | UTC adopted. Pennsylvania’s trust law follows the UTC (with local modifications). No self-settled asset protection trust in PA (legislative proposals have arisen but not passed as of yet). PA has a flat state income tax (3.07%) on trust income and also levies an inheritance tax on transfers to some beneficiaries, making trusts useful for planning (though the tax still applies in many cases). Pennsylvania banks, especially in Philadelphia and Pittsburgh, have well-established trust operations (some of the oldest trust companies in the U.S. started in PA). Opening a trust account is routine – trust documents to the bank, sign their forms. Pennsylvania also requires attorneys to use IOLTA for client funds, so banks are adept at setting up those trust accounts. Nothing unusual from a customer standpoint: your revocable or irrevocable trust will be treated in line with the UTC guidelines by PA financial institutions. |
Rhode Island | Not a UTC state (Rhode Island has not enacted the UTC). However, RI has a modern trust law of its own and does allow self-settled asset protection trusts (Rhode Island passed a law to permit them, making it another state on the DAPT list). State income tax (~5.99% top) can affect trust income. Rhode Island’s financial sector is smaller (given the state’s size), but there are regional banks and at least one or two trust companies operating there. You can open a trust account at banks like Citizens or BankNewport, etc., with standard documentation. If you want to use Rhode Island’s asset protection trust advantages, you’d probably engage a RI trustee or trust company and open the account through them. Otherwise, living trusts and typical estate trusts are easily managed by local banks under Rhode Island law. |
South Carolina | UTC adopted. South Carolina’s trust code is uniform and the state does not provide for self-settled asset protection trusts (standard spendthrift provisions only for beneficiaries). SC has a state income tax (top 6.5%) that would apply to trust income for resident trusts. Trust accounts in South Carolina can be opened at numerous banks; Charleston and Columbia have banks with trust and wealth divisions given the population of retirees and wealth in certain areas. The process is typical UTC fare: present the trust info and ID. South Carolina is also known for allowing decanting (moving trust assets to a new trust) by law, but again, that’s an advanced tool not affecting initial account opening. For a depositor, SC banks treat trust accounts in line with federal and state guidelines with no special hoops. |
South Dakota | Not a UTC state; South Dakota is often ranked #1 for trust law in the US. It has no state income tax, extremely strong asset protection trust provisions (self-settled trusts allowed, with some of the best shielding and a short 2-year seasoning period), perpetual trusts (no rule against perpetuities), flexible decanting and modern trust laws (allowing quiet trusts, trust protectors, etc.). South Dakota actively courts trust business and has dozens of state-chartered trust companies that manage trusts for people nationwide. Opening a trust account in South Dakota is typically done through one of these trust companies or a bank’s trust division in SD. If you’re leveraging SD’s advantages, you’ll appoint a South Dakota trustee (often a trust company in Sioux Falls or Rapid City), and they will handle opening accounts (which could be local SD bank accounts or brokerage accounts under their administration). Even if you’re a South Dakota resident just creating a living trust, you benefit from these laws – you can simply go to your local bank and open the trust account. They’ll be familiar with trusts, given SD’s reputation. In short, South Dakota is a top choice if you need the most powerful trust law benefits (asset protection, no tax, dynasty trusts), but you’ll need a presence there via a trustee to use those laws fully. |
Tennessee | UTC adopted. Tennessee has become a trust-friendly state as well: it allows asset protection trusts (Tennessee Investment Services Trust, since 2007) and has no state income tax on wages (it used to have the Hall tax on investment income, but that was phased out as of 2021, so now effectively no state income tax on trust interest/dividends). Tennessee also permits very long trusts (360 years). Nashville and Memphis have banks and trust companies providing fiduciary services. Opening a trust account in Tennessee is straightforward at any bank. If you want to set up a TN asset protection trust, you’ll involve a Tennessee trustee (individual or company) and open accounts under that trust in TN. Otherwise, for normal revocable trusts, the lack of state income tax is just a nice bonus as you manage the trust’s assets in a local bank or brokerage. |
Texas | Not a UTC state; Texas has its own longstanding trust code. Texas has no state income tax, making it favorable for trust income (one reason many Texas families keep trusts local unless seeking other features). However, Texas does not allow self-settled asset protection trusts for grantors – it relies on traditional spendthrift trusts (so you can’t shield assets from your own creditors by a Texas trust if you’re a beneficiary). Texas law does allow some strong protections for beneficiaries and has a rule against perpetuities of 90 years (though Texas recently enabled certain trusts to be extended for longer via statute). When opening a trust account in Texas, you have a wealth of options: major national banks, regional banks, and boutique trust companies (especially in Houston, Dallas, Austin) all operate. The process is by-the-book: provide the trust or certificate of trust, ID for trustees, and open the account. Texas also requires lawyers to maintain client trust accounts for any client funds, so banks in TX are well-versed in handling those accounts per state bar rules. The absence of state tax and robust banking sector makes Texas a convenient place to administer trusts. |
Utah | UTC adopted. Utah’s trust code follows UTC, and Utah does allow self-settled asset protection trusts (Utah enacted laws for these, often called Utah Legacy Trust). Utah has a state income tax (flat 4.85%), which applies to trust income if Utah is the tax situs. Interestingly, Utah is another state with a growing trust industry—like some others, it allows family trust companies and attracts some out-of-state trusts. You can open trust accounts at Utah’s banks (Salt Lake City has several major banks and trust services). The procedure is normal. If you’re creating a Utah asset protection trust, ensure you use a Utah trustee and open the account in Utah for the law to fully apply. For family living trusts, any local bank or even online bank that operates in Utah will do, as long as you provide the proper paperwork. |
Vermont | UTC adopted. Vermont has a relatively standard trust law (with a few local twists, like allowing pet trusts and so on, which many states do now). No DAPT law for self-settled trusts in Vermont. State income tax (up to 8.75%) can hit trust income if Vermont-based. Vermont’s banking system is smaller (community banks and some regional banks), but they can open trust accounts with no issue. One consideration: Vermont is a small state; if your trust needs professional management, sometimes New Hampshire or Massachusetts trust companies are used by Vermont residents, but if you keep it local, just go to your Vermont bank with the trust documents. Vermont law is straightforward under the UTC, so banks follow the common protocol for trust accounts. |
Virginia | UTC adopted. Virginia’s trust code is uniform-based, and Virginia notably passed an asset protection trust law in 2012 (Virginia allows self-settled irrevocable trusts for asset protection, though with certain limitations and a longer seasoning period of 5 years to protect from creditors). Virginia has a state income tax (up to 5.75%) which affects trusts considered VA residents. Northern Virginia and Richmond have many banks and financial institutions with trust expertise. To open a trust account in Virginia, you will go through the usual motions – nothing exotic required. Virginia’s trust-friendly stance (with its qualified self-settled trust, called an “Virginia Qualified Self-Settled Spendthrift Trust”) means if you use that law, you should use a Virginia bank or trust company as trustee/agent. For everyday revocable trusts, Virginia banks are extremely used to titling accounts in trust (Virginia is an estate-planning-savvy state, partly due to its affluent communities). |
Washington | Not a UTC state (Washington has not adopted the UTC, though its trust law is up-to-date in many ways). Washington State has no state income tax, a big advantage for trusts administered there (though keep in mind, if the trust’s beneficiaries or grantor are in another state, that other state’s tax might still apply). Washington does not allow asset protection trusts for self-settled situations (no DAPT statute). However, Washington has a unique Total Return Trust statute and allows community property trusts (for married couples to opt certain assets into community property for tax benefits, a concept borrowed from Alaska’s law) – interesting features but not affecting account opening directly. Seattle and other cities host numerous banks, including big national banks and local ones, all of which can open trust accounts readily. Because Washington has no income tax, some people choose to situs trusts there; if so, a Washington trustee (often a trust company or bank trust department in WA) would open the account. Otherwise, Washington residents will find opening a living trust account at their bank quite routine. Note that Washington does have an estate tax, so advanced estate planning trusts are common – local banks are familiar with things like credit shelter trusts, etc., when helping clients open those accounts. |
West Virginia | UTC adopted. West Virginia follows the uniform trust law and as of 2016 also allows self-settled asset protection trusts (WV passed the WV Qualified Spendthrift Trust Act, making it a DAPT state). State income tax (up to 6.5%) applies to WV resident trusts. West Virginia’s banking is mostly regional and community banks; trust accounts can be opened at those banks without issue – provide the trust paperwork as usual. If you intend to use the WV asset protection trust law, a West Virginia trustee and in-state account will be needed. Otherwise, for normal trusts (e.g. a revocable family trust to avoid probate), any bank in West Virginia can help. WV being a UTC state means its procedures are what bankers expect. |
Wisconsin | UTC adopted. Wisconsin’s trust code (enacted 2014) is based on the UTC. Wisconsin is a community property state in a limited way (it’s an opt-in community property state via a marital property system for those who elect it, due to its unique marital property law). No DAPT for self-settled trusts in Wisconsin. State income tax (top ~7.65%) can affect trusts with Wisconsin ties. Wisconsin banks and trust companies (particularly in Milwaukee, Madison) offer trust services and can open accounts. Because Wisconsin had an older reputation for something called “Wisconsin Dynasty Trust” in insurance circles, local banks are aware of long-term trusts, but legally Wisconsin still has a RAP (though extended to 365 years for personal trusts, effectively making dynasty trusts possible). None of that complicates opening an account: just bring the trust info to the bank. If a law firm or broker in WI opens a client trust account, they must follow WI Supreme Court rules, but personal and family trusts follow normal banking procedure. |
Wyoming | UTC adopted. Wyoming has not adopted the UTC? Wait, correction: Wyoming did adopt the Uniform Trust Code (yes, Wyoming’s statutes include the trust code). However, Wyoming is extremely trust-friendly: no state income tax, allows self-settled asset protection trusts (since 2007, called Wyoming Qualified Spendthrift Trust), and allows perpetual trusts (no rule against perpetuities for trusts, so dynasty trusts can last forever). Wyoming also has a growing trust industry with many family trust companies and independent trust firms due to its business-friendly climate. If you want to open a trust account taking advantage of Wyoming’s laws, you would typically engage a Wyoming trust company or bank in Cheyenne or Jackson Hole, for example, as trustee. For Wyoming residents, any local bank can open a trust account for your living or family trust. Banks in Wyoming are familiar with these trust concepts given the state’s active role in attracting trust business. In short, Wyoming is comparable to South Dakota and Delaware in many respects for legal advantages, with the convenience of straightforward account opening procedures at its financial institutions. |
How to use the table: Find your state to see relevant notes. If your goal is to leverage a state’s specific trust laws (like asset protection or no income tax), consider opening the trust account in that state via a trustee or institution based there. Otherwise, for most people, opening a trust account in their home state at a familiar bank is perfectly fine and far simpler, since all states allow basic trust accounts.
Next, we’ll compare the different trust account options (banks, trust companies, brokerages, etc.) with their pros and cons, and then wrap up with FAQs to clarify common questions.
Comparing Trust Account Options: Pros and Cons
When deciding where to open a trust account, consider the trade-offs between using a bank, a trust company, a brokerage, or other options. Here is a quick comparison of the main options with their pros and cons:
- Banks and Credit Unions: Pros: Widely available and convenient; FDIC/NCUA insured for safety of deposits; offer checking, debit cards, and easy bill payment for trusts; often low or no fees for basic accounts. Cons: Limited investment options (mostly just cash products); branch staff expertise on trusts can vary; higher balances might be needed to avoid fees; they won’t typically advise on trust management unless you use their trust department.
- Dedicated Trust Companies (or Bank Trust Departments): Pros: Professional fiduciary management and expertise; can handle complex trust duties (investing, distributions, tax filings); good for long-term trusts and impartial decision-making; provide continuity (a company doesn’t die or get incapacitated). Cons: Can be expensive (annual trustee fees, asset-based fees); often require substantial assets (minimums); less personal flexibility (must adhere strictly to trust terms and policies); you are one client among many – service is professional but maybe less intimate than a family member trustee.
- Brokerage and Investment Firms: Pros: Access to a broad range of investments for growth (stocks, bonds, funds); typically robust online tools and reporting; SIPC protection for securities; potential for higher returns than bank interest; many firms offer low-cost trading or advisory services specifically for trusts. Cons: Market risk to principal; cash not automatically FDIC insured unless swept into a program; trustees need to manage or oversee investments (time and knowledge required or cost of hiring an advisor); some brokerages charge maintenance fees if you’re not actively trading or below a balance threshold.
- Out-of-State Trust Jurisdictions: Pros: Can offer legal benefits like asset protection, tax reduction, and favorable trust law (if you choose states like DE, NV, SD, etc., and use a local trustee there); may allow your trust to last for many generations (dynasty trusts) and avoid state taxes on undistributed income. Cons: Added complexity and cost (must hire an out-of-state trustee or trust company); you may not have face-to-face access if the state is far away; the trust may be subject to that state’s oversight or fees; your home state might still try to tax the trust depending on circumstances; best suited for larger trusts where benefits outweigh administrative costs.
- Lawyer or Professional Office Accounts (for business trusts): Pros: (For business/professional accounts like IOLTA or broker escrows) – ensures compliance with legal/ethical rules; often interest earned goes to a good cause (IOLTA funds legal aid); keeps clients’ money safe and separate from operational funds. Cons: Not really an “option” you choose for benefits – it’s typically mandated; no personal use since these are for specific business purposes; you must follow strict record-keeping and reporting requirements; usually, no interest to the client (in IOLTA, the interest doesn’t go to the lawyer or client unless the amount is substantial enough for a separate interest-bearing account).
In many cases, you might use a combination of these options. For example, a trust might have a bank checking account for short-term needs and a brokerage account for investments. Or a family might handle a trust themselves at a local bank until it grows large or complicated, then move it to a trust company. The key is to match the trust’s needs with the institution’s strengths.
For simplicity and lower costs, banks and brokerages suffice for most revocable living trusts managed by the family. For high stakes and long-term management, corporate trustees in top jurisdictions might be worth it. Always consider consulting with a financial advisor or attorney if unsure which option best fits your trust’s goals.
Frequently Asked Questions About Opening Trust Accounts
Q: What documents do I need to open a trust account?
A: You typically need the trust agreement (or a certification of trust summarizing it), identification for the trustee(s) such as a driver’s license or passport, and the trust’s tax ID (SSN for revocable or EIN for irrevocable).
Q: Can I open a trust account at any bank?
A: Most banks and credit unions offer trust accounts. Large national banks and regional banks handle them frequently. Smaller community banks can as well, though staff may need a supervisor to assist. It’s wise to call ahead to ensure the branch is familiar with opening trust accounts.
Q: Do I need a lawyer or trustee present to open the account?
A: Not usually. If you are the named trustee, you can open the account yourself by providing the trust documents. You don’t need the attorney who drafted the trust to be there. However, if you’re using a professional trustee (like a trust company), they will handle the account opening as part of their service.
Q: Are trust accounts FDIC insured?
A: Yes. Trust accounts at banks are insured by the FDIC up to the applicable limits. Currently, a trust account’s deposits are insured up to $250,000 per beneficiary (with a cap of five beneficiaries for insurance purposes per owner, giving a maximum of $1.25 million coverage per owner, per bank). If a trust has more than five beneficiaries, the insurance still maxes out at $1.25 million per owner at that bank. Always verify with the bank and consider spreading funds if the trust has very large cash holdings.
Q: Does a trust account need its own Tax ID (EIN)?
A: Revocable living trusts usually do not need a separate EIN – they use the grantor’s Social Security Number since the IRS disregards the trust for tax purposes during the grantor’s life. Irrevocable trusts generally do need an EIN, because they are separate tax entities. Banks will ask for whichever ID number is appropriate. After the grantor of a revocable trust dies, that trust becomes irrevocable and then should get an EIN.
Q: Can I open a trust account online?
A: Often, yes. Many banks and brokerages allow you to start the process online. You may need to upload documents or mail them in. Some institutions might require an in-person notarized signature or medallion guarantee for security. But opening online is increasingly common, especially with investment accounts. Always use the institution’s secure channels to transmit your trust documents.
Q: Is there a minimum deposit required for a trust account?
A: That depends on the institution. Basic bank accounts often have low or no minimum (or maybe $100 to open). Some trust companies or private banks catering to large trusts might require high minimums (tens of thousands or more) to establish an account under their management. It’s wise to ask about minimum balance or fee waivers when choosing where to open the account.
Q: Can a trust account have multiple trustees on it?
A: Yes, if the trust names co-trustees, the account will typically be set up requiring some or all of them to act. You can have two or more trustees authorized on the account. The bank will either allow any one of them to transact (if permitted by the trust and agreed by trustees) or require joint signatures, depending on how you set it up and the trust’s terms.
Q: What’s the difference between a trust account and an escrow account?
A: A trust account is a broad term for any account managed by a trustee under a trust for beneficiaries. An escrow account is a specific type of trust account usually for a short-term, transaction-based purpose (like holding earnest money during a home sale or funds during a legal settlement) with conditions for release. Escrow accounts are often trust accounts by nature (escrow agents act as trustees of the funds until instructions are met). In practical terms, escrow accounts are one subset of trust accounts used in business or legal transactions.
Q: Can I convert my existing bank account into a trust account?
A: Yes, in many cases you can “re-title” an individual account into the name of your trust, rather than opening a brand new account. Banks often handle this by closing the old account and opening a new one in the trust’s name, transferring the funds. You’ll need to provide the trust documentation to do this. It’s important to not simply change the name on a check – you must formally update the ownership to the trust so that the account is legally held by the trustee of the trust.
Q: Who pays taxes on a trust account’s earnings?
A: It depends on the trust. For a revocable trust, the grantor typically pays taxes on the income (it’s all reported on the grantor’s personal return). For an irrevocable trust, the trust itself may pay taxes (filing a Form 1041 tax return), or the beneficiaries may pay taxes on income distributed to them. The account itself doesn’t pay taxes – it’s either the individual behind the trust or the trust entity. Be sure to consult a tax advisor because trust taxation has specific rules and higher tax rate brackets at relatively low income levels.