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FAQs / Wills / Trusts / Do Living Trusts Go Through Probate?

Do Living Trusts Go Through Probate?

No, if a living trust is set up properly, it will help to avoid the probate process entirely. A living trust, also referred to as a revocable living trust, is designed to expedite the administration process after death. The trust document is private, and under normal circumstances, does not have to be filed with any court. The document will dictate who is to act as Trustee, as well as to how they are to collect and distribute the trust assets. This means the probate court does not have to get involved in appointing a fiduciary, nor supervise the administration process. The procedural requirements of the probate court necessitate that an inventory and final accounting be submitted to the court before final distributions can be made and the fiduciary discharged.

Wills / Trusts FAQs

  • How Can I Find Out If There Was A Will?
  • Can A Will Be Changed Or Revoked?
  • Can I Specify That Certain People, Like A Brother Or Sister, Should Never Receive Any Of My Property?
  • Can Someone Quit Claim His Property To Me Instead Of Leaving It In His Will?
  • Do I Have To Be In My Home State When I Make My Will?
  • Do Living Trusts Go Through Probate?
  • Does A Trustee Of A Trust Have To Provide An Accounting?
  • Does It Really Take Less Time To Settle An Estate In Which A Revocable Trust Was Used Rather Than Just A Will?
  • Does My Will Have To Be Notarized?
  • How Do You Prove A Will?
  • How Does A Living Trust Avoid Probate?
  • How does a revocable living trust avoid probate?
  • How Long Does It Take to Settle a Trust?
  • How long is a will valid?
  • How often should my will be reviewed?
  • Is a handwritten will valid?
  • My parent died with a will and disinherited me. Can my parent do that in Florida?
  • What are self-proving wills?
  • What are trusts?
  • What benefits does a trust offer?
  • What does died testate vs intestate mean?
  • What does a will usually contain?
  • What does it mean to fund a trust?
  • What happens if we cannot find the decedent’s will?
  • How can someone see the will of a person who has died?
  • What other probate avoiding techniques are there in addition to revocable, aka living, trusts?

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      • Undue Influence
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