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Setting up a trust in Delaware: steps and documents
The steps for setting up a trust in Delaware follow a fixed order: enquiry, identity checks, structure design, drafting, signing, any filings and then funding. The qualified trustee in the state accepts office, a Delaware law firm drafts the deed, and we coordinate your side. This page lists each step and document.
Reviewed by a senior trust administrator, updated
Seven stages, who does what
Select a stage to read what slows or speeds it.
- EnquiryYou
- Identity checksLaw firm, bank, adviser or trustee
- Structure designOne Pacific Trust
- DraftingLaw firm, bank, adviser or trustee
- SigningYou
- FilingsYou
- FundingLaw firm, bank, adviser or trustee
YouOne Pacific TrustLaw firm, bank, adviser or trustee
Key facts
- Protector
- The deed can name advisers and protectors with defined powers[3]
- Reserved settlor powers
- The transferor may keep a distribution veto and a power to remove trustees[1]
- Trustee requirement
- Qualified trustee: a Delaware-resident individual or a supervised entity[1]
- Reporting to authorities
- A nonresident non-citizen's estate files Form 706-NA above a US-asset threshold[2]
Numbers in brackets point to the Sources list at the end of this page.
How the process runs
Enquiry
You tell us the purpose, the assets and whether you want an adviser or protector, and we reply with the next questions.
Identity checks
The settlor and every adviser or protector with power to direct the trustee are verified.
Structure design
We, the Delaware law firm and the trustee settle who holds each power before a word of the deed is written.
Drafting
The Delaware lawyer drafts the deed, with separate terms for the adviser and protector, and your letter of wishes.
Signing
You sign, and the qualified trustee accepts office; for a qualified disposition the instrument must choose Delaware law and be irrevocable.
Filings
Your Delaware lawyer confirms whether any filing applies to the trust or to the assets going in.
Funding
The bank or custodian opens the account, and each asset moves to the trustee, under the adviser's mandate where there is one.
Before you start: what you decide
Delaware work starts with one choice: who will give directions. Settle these before the first call, even roughly:
- Direction. Whether an investment adviser or a protector will direct the trustee, or the trustee decides alone.
- Settlor powers. Whether you want a distribution veto or a power to remove trustees, which the deed must state.
- Assets. What goes in and who manages it: a listed portfolio, family company shares, land or policies, and where each sits.
- Beneficiaries. A named list or a class such as “my descendants”, and whether a dynasty trust should carry them down the generations.
None of this is final. It lets the trustee and the Delaware lawyer propose a structure, and it flags early which assets need advice abroad.
A non-US settlor whose trust holds US real estate or US company shares can face a Form 706-NA estate filing above the IRS threshold (source: Internal Revenue Service: Some nonresidents with U.S. assets must file estate tax returns).
The overview of Delaware trusts compares a directed trust, a dynasty trust and a qualified disposition trust.
Step by step: from enquiry to signed deed
The order is fixed. What changes in Delaware is how many parties sit at the structure and drafting steps.
- Enquiry. You tell us the purpose, the assets and whether you want an adviser or protector, and we reply with the next questions.
- Identity checks. The settlor and every adviser or protector with power to direct the trustee are verified.
- Structure design. We, the Delaware law firm and the trustee settle who holds each power, adviser or trustee, before a word of the deed is written.
- Drafting. The Delaware lawyer drafts the deed, with separate terms for the adviser and protector, and your letter of wishes. Your own lawyer reviews them.
- Signing. You sign, and the qualified trustee accepts office. The instrument must choose Delaware law and be irrevocable for a qualified disposition (source: Delaware Code: Title 12, chapter 35, subchapter VI).
- Filings. Your Delaware lawyer confirms whether any filing applies to the trust or to the assets going in.
- Funding. The bank or custodian opens the account, and each asset moves to the trustee, under the adviser’s mandate where there is one.
The adviser and protector terms are the part most often redrafted, so give your own lawyer time to read them.
The cost guide shows which steps carry a lawyer’s, an adviser’s or a custodian’s charge.
Documents the trustee asks for
You supply identity papers and evidence of where the wealth came from, plus the deed details. A directed trust adds papers for the adviser and protector.
| Document | From whom | Purpose |
|---|---|---|
| Passport and proof of address | Settlor, adviser, protector | Identity checks on everyone who can direct |
| Evidence of source of wealth | Settlor | Shows where the assets came from |
| Adviser’s engagement terms | Investment adviser, if named | Fixes who directs the portfolio |
| Beneficiary names or class definition | Settlor | Fixes who can benefit |
| Tax residence and citizenship | Settlor | Shows which reporting applies |
| Names of the proposed adviser and protector | Settlor | Sets who may direct the Delaware trustee |
| Share register and ownership chart | Any company going into the trust | Shows who owns and controls it |
Basis: One Pacific Trust’s checklist for directed and qualified disposition trusts, accessed 2026-11-05.
Papers in another language usually need a certified translation. If a document is hard to get, tell us early; another route often proves the same fact.
Identity and source-of-funds checks
These checks come first because the rest waits on them. In a directed trust they reach further than usual, since an adviser or protector who can direct the trustee counts as a person with control.
We verify each of them and record how the wealth was confirmed.
If we do not meet you in person, we add a check, such as a second identity document or a first payment from an account in your own name.
If anyone tied to the trust holds or has held a senior public role, we run enhanced checks and a senior manager approves the relationship first.
The Delaware trustee and the bank run their own checks, so some questions may arrive twice.
After the trust is set up
With the assets in, the trustee administers the deed. Where an adviser directs investments, the trustee records each direction, keeps minutes and accounts, and refreshes checks by risk.
The qualified trustee also has duties under the statute: it keeps some trust property in custody in the state and keeps records (source: Delaware Code: Title 12, chapter 35, subchapter VI).
The qualified trustee in Delaware may instead prepare the fiduciary income tax returns or otherwise take part in running the trust (same source).
You can update your letter of wishes whenever your plans change; the deed itself says how beneficiaries are added or removed.
The legal features of a Delaware trust explain the settlor powers and creditor rules, and the frequently asked questions cover the rest.
With a rough view of the purpose and the assets, ask us for a quote and we come back with the next questions.
Frequently asked questions
How do you create a trust in Delaware?
The qualified disposition route starts with an irrevocable written instrument that names Delaware as the governing law and appoints a qualified trustee. The deed also names the beneficiaries, and you transfer the assets once the trustee accepts office. The Delaware firm prepares the draft, and you sign after your own lawyer has reviewed it.
How long does set-up take in Delaware?
Identity and source-of-wealth checks usually set the pace, followed by the Delaware firm's draft and the qualified trustee's acceptance of office. Bank account opening can add time. Where the deed names advisers or a protector, agreeing their powers adds a drafting round. Once your papers are in, you receive a plan showing each step.
Which documents do I need for a trust in Delaware?
You supply identity documents with proof of address, evidence of your source of wealth and beneficiary details. For Delaware, also decide who will be the qualified trustee, any protector or investment adviser, and what powers the transferor keeps, such as a distribution veto. The Delaware firm adds the deed and letter of wishes.