Why does a Revocable Living Trust avoid a Death Probate while a will does not?
A will is a legal document which takes effect only upon your death. A will is designed for one purpose: to dispose of your assets upon your death. Probate and administration are the legal process of proving that your will is valid, paying your creditors, and transferring property to your heirs. A will must go through some type of probate proceeding even if the probate procedure is simplified because the estate is small. A Revocable Living Trust allows you to self-administer your assets while you are alive and well. And, because a Revocable Living Trust does not become disabled or die, the funding or retitling your assets to the Revocable Living Trust while you are alive and well, allows your loved ones to avoid the probate process when something happens to you.
