How does a Revocable Trust avoid probate?
After Death, the probate process is used transfer the deceased person’s assets to their beneficiaries. By making this transfer before death, a person avoids the need for probate. This gives the Trustee instantaneous authority to manage the assets and the need for court appointment is unnecessary. “Funding” or the transfer of assets to the trust is crucial to avoiding probate. Trusts that are not properly funded often need a probate administration for the assets not included in the trust, as well as for the distribution of the assets. A revocable trust may not always avoid probate. In this case, a person may need a straightforward “pour over” will to transfer any assets that are subject to probate, to the trust after death.
