Does a living trust avoid probate?

In most cases, yes. Assets properly titled in the name of the trust generally avoid probate court, which can save significant time, legal expense, and public exposure.

However, assets left outside the trust may still require probate depending on their value, ownership structure, and whether beneficiary designations were properly coordinated with the estate plan. Proper trust funding is therefore just as important as creating the trust itself.

 

Philip J. Kavesh
Helping clients with customized estate planning guidance and trust & estate administration for over 45 years.