Does a Living Trust Help Avoid Probate? When a person or family create a Living Trust, all assets in their name are re-titled to the Living Trust. At that point, they are not subject to Probate.
Many people choose a trust over a will for this very reason—a trust remains private, while a will, which must go through probate, does not. Probate can also be expensive. Choosing to add a trust to your estate plan can significantly cut down on the costs associated with probating a will. While you might still need a will for certain issues—like appointing a guardian for your children—a trust might be the better option if you want to avoid probate. Finally, you can also significantly reduce estate taxes by implementing a trust for most assets.
The assets are administered privately and efficiently by the Successor Trustee who is often one of the family members or a trusted friend. Thus a well-crafted and executed Living Trust helps to avoid Probate.
Mark Gullotta, Esq. serves clients in San Francisco and San Mateo Counties. Mr. Gullotta is a former chair of the Trust and Estates Section of the San Mateo County Bar Association. He has been practicing law for 15 years, and has represented individuals and families of all sizes. Mark Gullotta is a Who’s Who 2018 Top Attorney of North American Diamond Member.