How does the revocable living trust avoid probate?
Unlike a testamentary trust, a revocable living trust does not need validation by the probate court because the trust was created and your assets transferred while you are still alive. A revocable living trust also allows you to transfer your assets to your heirs without a court order because you appoint a successor trustee (such as your child, trusted friend or other relative) to take over as the trustee upon your death or legal incapacity and provide him/her with a distribution plan. The successor trustee can then immediately transfer the trust assets to your beneficiaries or hold them in trust until the beneficiaries reach a certain age, as you have specified in you trust document.