Trust documents are some of the most important documents on the planet. They can determine what’s done with someone’s assets, whether or not someone gets an inheritance, and much more. Typically, these documents are essential for estate planning, protecting assets, or even holding assets until some people reach adulthood; this is how trust funds tend to work for children.
That said, are trust documents public record? As in – can you see what the purpose and goal of a trust is if you’re not involved in it? If this has piqued your curiosity, stick around because in this article we’ll take you through everything you need to know.
What Are Trust Documents?
Trust documents are important documents for estate planning and asset management. The purpose of a trust is for a third party to hold or manage assets; this third party is known as the trustee. The sole focus of the trustee is to act in the beneficiary’s best interest. In fact, trustees are fiduciaries, meaning they have a legal obligation to act in the beneficiary’s best interest.
Depending on the type of trust and its purpose there may be more parties involved as well. For this reason, it’s important to learn more about trusts and what they can look like in different situations. Moreover, this can have an impact on whether or not trusts are public records.
Understanding the Key Elements of a Trust
There is a lot to learn about trusts. Some people study them for decades, but that doesn’t mean we can’t catch you up to speed on some key concepts quickly. Some key elements and terms you should know include:
- Grantor: The person or entity who creates the trust.
- Trustee: Individual or entity who manages the trust’s assets in the best interest of the beneficiary. They also act as a fiduciary.
- Beneficiary: The party that will benefit from the trust or receive assets from it.
- Corpus: The assets that a trust manages.
- Trust Terms: The rules that govern how the trust is managed and how the beneficiaries will benefit from it.
- Estate: The assets of someone who has passed away.
These are some key terms that will help you understand what you’re looking at when you’re viewing trust documents.
Types of Trusts
There are several types of trust out there and the specific type of trust may determine what you can find within it. Learn more about the various types of trusts below.
Irrevocable Trusts
Irrevocable trusts are one of the most common trusts you’ll come across. They offer numerous benefits ranging from privacy to shielding assets from creditors, lawsuits, and other entities. In an irrevocable trust, the grantor can’t make any changes to it unless they work with a beneficiary through a court order. Plainly put, everything is handled by the beneficiary.
Some examples of irrevocable trusts include living trusts and testamentary trusts, which are established by a grantor to assist with estate planning.
Revocable Trusts
Another type of trust is the revocable trust. This is a type of trust that can be changed after it’s created. In other words, the grantor maintains control over the assets and can even abolish the trust during their lifetime. These trusts are commonly used for estate planning. In these situations, the grantor essentially functions as the trustee, which is very different from how irrevocable trusts work.
An example of a revocable trust is a revocable living trust. These are sometimes used in place of wills because the grantor can gift assets and belongings to others during their life instead of after.
Are Trust Documents Public Record?
No, trust documents are not public records. This is because trust documents aren’t filed with any courts. Unlike a will that goes through the probate process, all matters surrounding the trust are handled privately. That said, there may be some exceptions like when testamentary trusts are created or if a will creates a trust after someone passes away.
Another way that a trust can become a public record is if there is litigation involved. For example, if there is some type of dispute between the parties involved in a trust and it goes to court, it now becomes a public record.
How to Find Public Trust Documents
Trusts aren’t usually public records but, as we saw above, some trusts might be. For this reason, it’s worth using a reliable public records search tool or visiting the courthouse in the area where trusts may have gone through a dispute or where they were created by a will. Learn more about how to find public trust documents below.
1. Publicrecords.com
When you want to find trust documents one of the best tools you can leverage is our public records search tool. It’s one of the best tools available if you want to learn more about trust documents, all you need is a name, address, or phone number to get started. These tools allow you to enter the information you have available and run a search that will reveal everything that’s publicly associated with that information.
For example, if you believe that a property is involved in a trust that went through litigation, entering the address will help you learn more about whether or not a trust is available. What’s more, you can learn about who was involved in the trust as once it goes through the courts it becomes a public record anyway.
That said, the real beauty of our tool comes from its ability to help you discover additional information. For example, if you enter someone’s name you may find that they’re the beneficiary of a trust, sure, but you may also discover their criminal records, arrest warrants, contact information, and much more.
2. The County Clerk
One way to find trust documents is to visit the county clerk’s office. This is because trusts that hold real estate may have had to purchase property. During this process it’s possible that deeds or titles were transferred between parties and in many counties the clerk will have a record of that.
Therefore, you can always pop into the appropriate county clerk’s office to check if they have records. Some clerks may also have online databases that you can search through to save you some time.
If you don’t know which county clerk you need, don’t worry, you can always use one of our people search tools to help you discover this information.
3. Local Courthouses
Trusts can also become public records if they’re involved in a dispute. For example, if a lawsuit involves a trust, the courthouse will usually make a record of it. This means that you can go to the courthouse where the proceedings were held and try to learn more information about the trust and case.
The court will usually allow you to view documents associated with the case. This can help you identify trustees, beneficiaries, assets, and other holdings of the trust. It can also help you determine where the money or assets ended up after litigation.
That said, you’ll need to visit the right courthouse. If you don’t know where to begin, you can always use one of our people search tools to find more information. Then, you can visit the court’s website or head down in person if you need copies of the documents.
4. Ask the Parties Involved in the Trust
This is a bit of a wildcard, but it can work in some situations. For example, if you’re close to the family and they need help understanding a trust’s terms or something else, you can always ask them for copies of the documents.
This method works best if you’re close to or part of the family. You may also be able to ask any lawyers associated with the trust for copies if you’re directly involved with the trust.
5. Google
Another way to find out information about a trust is to use Google. You can run an Advanced Search to include specific keywords to find more information about a trust. If trusts were involved in litigations, you may be able to find information about the court where the case went to trial. In some cases, you may even find information about the trust online from a website or something similar.
That said, Google is more of a Hail Mary than anything when you’re looking for a trust. Still, it’s worth a shot if you want to skip the hassle or waste any time contacting courthouses and county clerks.
So, Are Trust Documents Public Record? Our Final Thoughts
Overall, trust documents aren’t usually public records. Unless you’re trying to learn more about a trust that was created through a will or a trust that went through litigation, you may not be able to find it. That said, when trusts are public record you can always use a reliable public records search tool to find more information about them or visit the courthouse where cases about the trust were held.
While you may not be able to learn more about a trust, that doesn’t mean you can’t find anything at all. In fact, if there’s something specific you want to learn you can always use one of our people search tools to learn more about someone. At the end of the day, you may even find more than what you need.
