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Will a trust bypass probate?

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Will a trust bypass probate?

On Behalf of | Dec 23, 2020 | Probate

Many people want to avoid probate when planning their estates. A lot of the reasoning is due to misunderstanding how probate works, but in any case, it is nice to do what you can to ensure probate is a speedy process.

That may mean making decisions that allow your estate to bypass probate. According to CNN, it may be possible to use a trust to do this, but not every trust will be able to skip probate.

Pour-over will

You can use a trust to make probate easier by setting up a pour-over will. What happens with this will is that any assets you do not have in the trust at your time of death will become part of the trust upon your death. This can help to handle assets that you may not want to have in a trust while you are alive but that you know to whom you want them to go.

Title issues

One thing that can prevent the trust from bypassing probate is the title. You need to make sure that anything you put in a trust you also put in the trust’s name on the title. This will allow those assets to avoid probate as the trustee can handle the distribution according to the trust details instead of requiring a judge to manage the assets.

You need to ensure that you set up your trust properly so that it will work the right way upon your death. If you fail to proper create it and the trust assets go through probate, then the court may end up in charge of distributing them and making such decisions.