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How to Open a Trust Account at a Bank

A living trust controls only the accounts it owns. Opening or retitling them is the step that makes the trust work.

Here is how to open a bank account in your trust’s name, what to bring, and what Chase, Bank of America, Wells Fargo and Ally each say in their own documents.

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Quick Overview

You open a bank account in your living trust’s name by bringing the bank proof the trust exists and that you are its trustee, usually a certification of trust rather than the whole document. Florida law protects a bank that relies on a certification in good faith, and the FDIC insures trust deposits up to $250,000 per named beneficiary, up to five. What each bank asks for beyond that comes down to its own forms, which the comparison below lays out for Chase, Bank of America, Wells Fargo and Ally.

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Below, we walk through the 6 issues that decide whether this is the right move for you. Jump to any one.

  1. How to Open a Trust Account, Step by Step Five steps, and the one most people skip is deciding whether to retitle an existing account or open a new one.
  2. What Do Chase, Bank of America, Wells Fargo and Ally Require for a Trust Account? Only one of the four publishes a full process. One may make you close the account to change a trustee.
  3. The Certification of Trust It stands in for the trust at the bank and keeps your beneficiaries private. Florida law lists eight things it must say.
  4. Who Can Sign on a Trust Account? The trustees sign, and Florida lets co-trustees act by majority. The person holding your power of attorney is the one most families get wrong.
  5. A Trust Account or a POD Account? Both avoid probate. Only one lets your successor trustee manage the money if you cannot.
  6. FDIC Insurance on Trust Accounts Up to $1,250,000 per grantor at one bank, and the number of beneficiaries decides it.

That’s the quick version. The details below are what decide your situation, and where the costly mistakes hide.

How to Open a Trust Account, Step by Step

  1. Have a signed trust. The bank opens the account for a trust that already exists. It does not create one.
  2. Get a certification of trust. A short document signed by the trustee that proves the trust exists and who can act for it, without showing who inherits. Keep the full trust with you in case the banker asks for a page.
  3. Decide whether to open a new account or retitle an existing one. A retitled account usually keeps its number, so checks and automatic payments keep working. Ask the bank which it allows.
  4. Bring every trustee and their identification. Banks commonly ask for government ID for each trustee, and some want co-trustees present together.
  5. Settle the tax number. A revocable trust you control usually uses your own Social Security number while you are alive. Confirm what the bank will record, and see our guide to trust tax returns and EINs.

What Do Chase, Bank of America, Wells Fargo and Ally Require for a Trust Account?

Chase asks for its own Chase Certification of Trust, Wells Fargo asks for a certification when a trustee dies, and Ally takes a certification of trust or listed pages of the trust and is the only one of the four that opens a trust account online. Bank of America’s published documents do not name a form, and say it may refuse documents that are not on its own forms. We read each bank’s own deposit agreement, trust forms and estate guides. “Not published” means the bank’s public documents are silent on the point, not that the bank refuses.

Trust account rules at four banks, from each bank’s published documents
Rule ChaseBank of AmericaWells FargoAlly Bank
Trust certification Chase’s own Chase Certification of TrustNot published (may refuse documents not on its forms)Wells Fargo or third-party Certification of Trustee (at a trustee’s death)Certification of Trust or listed pages of the trust
Open online Not publishedNot publishedNot publishedYes
One co-trustee can act alone Not publishedNot publishedNot publishedYes, any listed trustee
Changing a trustee Not publishedMay require closing the accountClosed or retitled at a trustee’s deathTrust/Trustee Maintenance Form
CD penalty waived To retitle into a living trust, and at the grantor’s deathNot publishedAt the grantor’s deathNot published
Power of attorney on the account Not publishedNot publishedNot publishedNot accepted

Each bank has its own page with the quoted rules and links to the documents.

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The Certification of Trust

Florida lets a trustee give a bank a certification of trust instead of the trust instrument. It covers eight points, namely that the trust exists and when it was signed, who created it, who the current trustee is and the trustee’s address, the trustee’s powers, whether a trust director must approve the transaction, whether the trust can be revoked and by whom, whether co-trustees must all sign, and how the trust takes title. It does not have to say who inherits.

The certification must state that the trust has not been revoked or amended in a way that makes it wrong, and any trustee may sign it. A bank that relies on it without knowing it is wrong is protected, and it may still ask for the pages of the trust that name the trustee and give the power to act. Some banks, including Chase, use their own certification form.

Who Can Sign on a Trust Account?

The trustees named in the trust are the people who sign on a trust account, and a beneficiary signs only if the trust also makes that person a trustee. People ask me whether a co-trustee can sign alone, and the honest answer is that the trust and the bank decide it together. Florida lets co-trustees act by majority when they cannot agree, the certification of trust must say whether all of them have to sign, and Ally, for example, lets any listed trustee act alone.

A power of attorney does not make anyone a signer on a trust account. Florida law bars an agent from exercising powers the principal holds as trustee, so when you are your own trustee and lose capacity, the successor trustee named in the trust signs, and the agent named in your power of attorney does not. The two roles often go to the same person, and when they go to different people the trust account and the accounts in your own name end up under different people’s control.

Practice pointer. Families name a successor trustee in the trust and a different agent in the power of attorney without noticing, and the bank learns of the split on the day it matters. Read the two documents side by side before the bank appointment, and decide on purpose who will sign for which accounts.

A Trust Account or a POD Account?

A trust account is owned by the trust now, and your successor trustee manages it if you become unable to, under the trust’s instructions. A payable-on-death account stays in your name and passes to the named beneficiaries at your death, outright. Both avoid probate.

The difference shows up at incapacity and in how the money is paid. Ally, for example, will not accept a power of attorney on a trust account, so the successor trustee is the one who acts. A POD account pays each beneficiary directly, and at Wells Fargo a beneficiary generally must survive all owners to receive anything, so a share can skip a predeceased child’s children. Titling an account “in trust for” someone without trust documents usually creates a POD account rather than a trust account, at Chase, Bank of America and Wells Fargo alike.

FDIC Insurance on Trust Accounts

The FDIC insures trust deposits at $250,000 for each beneficiary the grantor names, counting at most five, so up to $1,250,000 per grantor at one bank. Payable-on-death accounts and trust accounts at the same bank are added together toward that limit. A beneficiary who inherits only if someone else has already died does not count toward the five.

What Does It Cost to Set Up a Trust and Title the Accounts?

A revocable trust drafted on its own is a flat fee from $2,400, or $3,200 for a couple. The Complete Trust Plan is a flat fee from $3,200, or $4,500 for a couple, and it adds the will, the durable power of attorney, the health-care documents, one deed moving your Florida home into the trust, and help retitling your accounts. Government costs such as recording fees are additional and passed through at cost, and advertised fees are honored for 90 days from the posted date.

Frequently Asked Questions

Do I Need a Lawyer to Open a Trust Account?

Not to open the account. You need a valid trust first, and a certification of trust makes the bank appointment easier. Ally says the certification or trust agreement “must be set up outside of Ally Bank and may require the services of an attorney.” The bank does not draft the trust or the certification for you.

Should I Retitle My Account or Name the Trust as POD Beneficiary?

Either can keep the account out of probate. Retitling puts the account in the trust now, so your successor trustee can manage it if you become incapacitated. Naming the trust as payable-on-death beneficiary leaves the account in your name during life and moves it to the trust at death. Some banks do not accept a trust as a POD beneficiary, so ask first.

Does My Trust Account Need Its Own EIN?

Usually not while you are alive and serving as trustee of your own revocable trust. The rules change when the trust becomes irrevocable at your death. Our guide on whether a trust needs a tax return or an EIN walks through it.

How Much Does the FDIC Insure in a Trust Account?

Up to $250,000 for each beneficiary the grantor names, counting at most five, so up to $1,250,000 per grantor at one bank. Payable-on-death accounts and trust accounts at the same bank are added together toward that limit.

What Is a Revocable Trust Account?

A revocable trust account is a bank account owned by your living trust, titled in the name of the trustee of that trust, instead of in your own name. While you are alive you are usually the trustee, so the account works like any other, and a revocable trust you control usually uses your own Social Security number. The account follows the trust’s beneficiaries rather than naming its own, and the FDIC insures it at $250,000 for each beneficiary the trust names, counting at most five. An irrevocable trust account works the same way at the bank, but the trust usually needs its own tax number once it is irrevocable.

What Is a Totten Trust Account?

A Totten trust account is the old name for a bank account titled “in trust for” a named person, and in practice it works as a payable-on-death account. Chase, Bank of America and Wells Fargo all treat an “in trust for” title without trust documents as a POD account rather than a trust account. The money stays yours during life and passes to the named person at your death, outright and without probate. A POD designation does nothing if you become incapacitated, which is the main reason families retitle accounts into a living trust instead.

What Happens to a Trust Account When the Person Dies?

The account stays in the trust, and the successor trustee named in the trust takes over and manages it under the trust’s instructions, with no probate. The successor trustee brings the bank proof of the death and of the new trustee’s authority, often a certification of trust, and some banks close or retitle the account at a trustee’s death. Once the trust becomes irrevocable, the successor trustee owes duties to the beneficiaries, including notice within 60 days and an accounting at least once a year. The rules on the trust’s tax number also change at that point.

Can a Trustee Withdraw Money From a Trust Account?

A trustee can withdraw money from a trust account, but only for the purposes the trust allows. While the trust is revocable and you are your own trustee, the trustee’s duties are owed to you alone, so taking money out is the same as using your own account. After your death the successor trustee may spend trust money only under the trust’s terms and for the beneficiaries, and every withdrawal shows up in the accounting the beneficiaries are entitled to receive. A trustee who takes trust money for personal use can be ordered by a court to repay it and can be removed.

Common Situations

The trust that owned nothing. A couple signs a revocable trust and never retitles their bank accounts. At the second death the accounts are still in their names, so the trust they paid for does not reach them and the accounts go through probate.

The incapacity that a POD account does not solve. A widower names his daughter as POD beneficiary on every account instead of retitling them. When he develops dementia, the POD designations do nothing, because they take effect only at death. An account owned by his trust would have let her step in as successor trustee.

Sources of Law

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What a Payable-on-Death Name Protects While You Are Alive

In one case I have reviewed, a niece used her aunt’s power of attorney the day after the aunt signed it, and $150,000 left an account the aunt had set aside for someone else.

In 2002 a Florida woman signed a durable power of attorney naming her niece as her agent, worded broadly enough to let the niece act in any way the woman could act herself. The woman also kept a bank account titled in trust for another woman (the old form of a payable-on-death account), so that the other woman would receive the money at her death. The next day the niece used the power of attorney to move $150,000 out of that account and into an account in someone else’s name. In 2007 the person appointed to handle the woman’s affairs, and later her estate, sued the bank for letting the money go. The trial court dismissed the suit and the Fourth District affirmed in 2010, because the owner of an account like that can withdraw every dollar at any time, so an agent acting for the owner can too, and a bank that honors the power of attorney is protected. Had the $150,000 sat in an account titled to her revocable trust, the successor trustee she chose would have controlled it once she could not, and the niece’s power of attorney would not have let her sign on it, because Florida law today bars an agent from acting as the owner’s trustee. I charge $2,400 to draft a revocable trust on its own, and the Complete Trust Plan at $3,200 includes retitling the accounts into it.

My reading of that case is that the beneficiary name on the account protected the other woman only at the aunt’s death and not for a single day before it. I have a few take-home points.

The first is what a beneficiary line does. A payable-on-death or “in trust for” beneficiary has no right to the money until the owner dies, and Florida’s current power of attorney law says in so many words that a withdrawal by an agent does not count as changing the beneficiary and that the bank has no duty to ask why. Avoid the plan in which the beneficiary line on a bank account is the only thing deciding who receives the money, because an agent under a broad power of attorney can withdraw the balance the day after the document is signed.

The second is who holds which document. I check the successor trustee and the agent side by side in every plan I draft, because a trust account answers to one of them and an account in your own name answers to the other, and an owner who names two different people should know which accounts each one will control.

The case has two limits worth knowing. The court decided only whether the bank had to repay the money, and it said nothing about whether the niece did anything wrong with it. The case also applied the power of attorney statute Florida replaced in 2011, and the current statute reaches the same result on withdrawals from a payable-on-death account.

Kevin D. Klagge, Esq., admitted in Florida since 2012. The case described above is a decision of a Florida court rather than a matter handled by this firm. Past results do not guarantee a similar outcome.


Updated on October 15, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. StepUpLaw is not affiliated with any bank named here. General information about Florida law, not legal advice, and no attorney-client relationship is created. Do not send confidential information until we have agreed to represent you.