How to Form a Land Trust: Steps and Benefits

Protecting your real estate assets doesn’t have to be complicated. A land trust is one of the most effective tools for safeguarding landownership while providing privacy and flexibility.

What Is a Land Trust?

A land trust is a contractual agreement where a trustee holds the title to your property on behalf of the beneficiary. You, the property owner, act as the beneficiary, retaining full control over the use and management of the land. This type of trust provides:

Privacy: The trust keeps your name off public records.

Asset Protection: It can protect your property from certain legal claims or creditors.

Estate Planning Benefits: Transfers ownership efficiently in the event of your passing.

 Consists of 2 parts

Land Trust Agreement- Not recorded!

Deed

Steps:

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 Obtain and complete a Land Trust Agreement

a. Name your Land Trust: use a long title for your Land Trust not your name or the name of property

b. What Governing state law will be used. State of Virginia is best though your Trustee must reside in Virginia. Next best state is Florida

c. Determine a Trustee: someone you trust that does not have the same last name who resides in a different state from you and your property

d.Decide who will be the beneficiary or beneficiaries. Use use an LLC as the beneficiary and not to hold title to the property for an added layer of privacy and protection

Why Forming a Land Trust is Worth It

If you're considering forming a land trust. Taking action now could save you from larger challenges later.

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