How does a revocable living trust avoid probate?
A revocable living trust can potentially avoid probate if it’s properly funded. If you create a trust, you have to transfer all of your assets to the trust. The trustee would then be responsible for managing and investing the money or the assets in the trust. If the assets have not been properly transferred to the trust, you may still have assets solely in your name and not in the name of the trust. Therefore, in that situation, you would have to probate any assets that are in your name only that have not been properly transferred to the trust. It’s very important to make sure that the trust is properly funded, that all of your assets are retitled in the name of the trust to avoid having to probate any of your assets.