Inter Vivos Trust

Trust Terms

A trust created during the grantor's lifetime, as opposed to a testamentary trust created at death by a will.

An inter vivos trust is any trust created while the grantor is alive. The Latin phrase means "between the living." Both revocable living trusts and lifetime irrevocable trusts are inter vivos trusts.

Inter Vivos vs. Testamentary Trusts

An inter vivos trust takes effect immediately and can hold and manage assets during life. A testamentary trust only comes into existence after the grantor dies, through provisions in their will. Testamentary trusts must go through probate first; inter vivos trusts do not.

Why It Matters in Arizona

Most Arizona estate plans use a revocable inter vivos trust as the central document. Funded properly, it manages assets during incapacity, avoids probate at death, and keeps administration private. Irrevocable inter vivos trusts (such as ILITs and asset protection trusts) serve more specialized goals.