Why Might You Still Need Probate Even If You Have a Trust?

A common misconception is that simply having a Trust means probate will automatically be avoided.

A Trust only controls the assets that were actually put into it. If someone passes away owning property or accounts individually that were never transferred into the Trust — and those assets do not have a beneficiary designation or another way to pass outside of probate — probate may still be necessary.

This can happen with things like:

• Real estate that was never deeded into the Trust

• Bank or investment accounts that remained in the person’s individual name

• Vehicles or other individually owned property

• Newly acquired assets that were never added to the Trust

Creating the Trust is only part of the process. Making sure your assets are properly titled and your estate plan stays updated is just as important.

A little planning now can help make things much easier for your family later.