How Does A Living Trust Avoid Probate?

Probate is necessary whenever a decedent passes away with assets titled in their sole name, with no beneficiary designations. The probate process is the court proceeding necessary for retitling the decedent’s assets into the names of the correct beneficiaries. Often the probate process involves liquidating or selling the decedent’s assets and distributing the proceeds to the beneficiaries. During a formal probate, the court will appoint a fiduciary, known as a personal representative or executor, to oversee collecting the decedent’s assets and administering the estate.

A living revocable trust avoids probate only if the decedent’s assets are titled in the name of the trust prior to death. The trust document, if drafted properly, will dictate how the trust is to be administered and will stipulate who is to act as the fiduciary over the assets, known as the successor Trustees. A valid trust will allow the Trustee to perform all necessary functions to administer the trust and distribute the assets without the need to request permission from the court.

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