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Can trusts help keep my estate out of probate?

On Behalf of | Apr 11, 2023 | Estate Planning |

Estate planning is a great way to ensure your assets are protected and distributed according to your wishes. When someone passes away without a valid will, their estate must go through probate court before their assets can be distributed. 

Probate can be an expensive and lengthy process. However, there are ways to avoid it. Creating a trust is a popular way to protect your estate and ensure it is managed according to your wishes.

Advantages of trusts

Trusts are legal arrangements that allow you to transfer your assets to another person or entity while you are still alive. One of the key benefits of creating a trust is that it can help keep your estate out of probate. 

You will designate a trustee to manage the trust on behalf of the beneficiaries. The trustee will be responsible for managing the trust assets and ensuring that they are distributed according to the terms of the trust. The trustee also has a fiduciary duty to act in the best interests of the beneficiaries.

Another benefit of creating trusts is that they offer more privacy than wills. With a will, all details about how an estate is divided becomes public record once it goes through probate court. With a trust, however, all information remains private between the trustee and beneficiaries. Additionally, trusts can be used to minimize estate tax liabilities and protect assets from creditors or outside influences. 

Finally, trusts provide more flexibility than wills do when it comes to distributing assets after death. You can specify exactly how and when each beneficiary should receive their inheritance from the trust, which gives you much more control over how your estate is handled after you pass away.

Overall, creating trusts is an excellent way to keep your estate out of probate and ensure it is managed according to your wishes after you pass away. There are different types of trusts, so it’s best to discuss your situation with someone who can assist you with the process.