Understanding Living Trusts: What’s the Difference?

When it comes to estate planning, few documents are as powerful, and often misunderstood, as the living trust. This important document allows individuals to keep control of their assets during life and makes it easier for loved ones to manage or inherit those assets after death without going through probate.

But if you’ve ever read a living trust, you’ve probably seen a confusing mix of titles like grantor, settlor, trustor, creator, or trustmaker. They might sound different, but they all point to one person: the individual who created the trust.

What Is a Living Trust?

A living trust, also called an inter vivos trust (Latin for “between the living”), is created during a person’s lifetime. It holds title to assets such as real estate, bank accounts, or investments while the person is still alive.

Unlike a will, which only takes effect after death, a living trust becomes active immediately upon creation. It continues to operate if the trustmaker becomes incapacitated or passes away, making it a practical tool for both asset protection and estate management.

The Many Names of the Trustmaker

In California and other states, estate planning documents use several interchangeable titles to describe the person who establishes a trust. Here’s what each one means:

  • Grantor – The most common term today. This refers to the person who grants or transfers assets into the trust.
  • Settlor – A traditional term that comes from older English legal language, describing someone who “settles” property into a trust.
  • Trustor – Frequently used in western states like California and Arizona, it emphasizes the person who places assets in trust for future use.
  • Creator – A plain-language option, sometimes found in older or simplified legal documents.
  • Trustmaker – A modern, client-friendly word often used by professionals who want to make estate planning easier to understand.

No matter which term appears, they all refer to the same person—the one who creates the trust.

Why So Many Different Terms?

The differences in terminology come from a blend of state laws, attorney preferences, and legal history. Traditional English common law used “settlor,” while modern American law introduced newer terms like “grantor” and “trustor.”

Regardless of which word is used, each title describes the same key responsibilities:

  • Creating the trust
  • Transferring assets into it
  • Setting the rules for how those assets will be managed and distributed

In conclusion, whether your document says grantor, settlor, trustor, creator, or trustmaker, each one identifies the same key figure—the person who brings the trust to life. Understanding these interchangeable terms can make your estate planning journey clearer and your discussions with attorneys, financial professionals, or notaries much smoother.

At Buenaventura Signings in Oxnard, Ventura County, I often assist clients with notarizing living trusts, wills, and estate planning documents. My goal is to make each signing professional, efficient, and easy to understand—so you can move forward with confidence and peace of mind.

Need help notarizing your living trust or estate documents in Oxnard or anywhere in Ventura County?

Contact Buenaventura Signings for reliable mobile notary services that come to your home, office, or attorney’s office.

📍 Serving Oxnard, Ventura, Camarillo, Thousand Oaks, Simi Valley, Santa Paula, Moorpark, Fillmore, Port Hueneme, and surrounding areas.